HomeMy WebLinkAbout05-21-2012_Council Meeting
Arlington City Council
May 21, 2012 – 7 PM
City Council Chambers
110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
1. National Emergency Medical Services Week, May 20-26, 2012 ATTACHMENT A
2. National Public Works Week, May 20-26 ATTACHMENT B
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes.
CONSENT AGENDA
1. Minutes of the April 30, 2012 Joint Meeting and the May 7 and May
14, 2012 Council Meetings ATTACHMENT C
2. Accounts Payable
3. Road Closures for Special Events ATTACHMENT D
4. Authorization to Proceed with a Privately Funded 9/11 Memorial at
Firehouse 46 ATTACHMENT E
5. Resolution to transfer Public Works department equipment to other
departments ATTACHMENT F
6. Ordinance Adopting the Airport Master Plan Update and associated
Comprehensive Plan Amendment ATTACHMENT G
PUBLIC HEARING
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
NEW BUSINESS
1. Appointment of Ken Levesque to the Planning Commission ATTACHMENT H
2. 67th Ave NE Phase III – BNSF Lebanon Crossing and Construction
Easements ATTACHMENT I
3. Authority to Bid the 2012 A/C Water Main Replacement ATTACHMENT J
4. Airport Water Main Extension Bid Award ATTACHMENT K
5. Approval of Short Term Interfund Loans ATTACHMENT L
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To review all attachments, click here.
Proclamation
National Emergency Medical Services Week
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide
lifesaving care to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency physicians,
emergency nurses, emergency medical technicians, paramedics, firefighters, educators,
administrators; and
WHEREAS, the members of emergency medical services teams, whether career or
volunteer, engage in thousands of hours of specialized training and continuing education to
enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of
emergency medical services providers by designating Emergency Medical Services week.
NOW, THEREFORE, I, Barbara Tolbert, Mayor of the City of Arlington,
Washington do hereby proclaim
May 20-26, 2012
National Emergency Medical Services Week
With the theme, EMS: More Than A Job. A Calling, I publicly salute the service of emergency
medical services workers in our community and in communities across the nation. I encourage
the Arlington community to observe this week with appropriate programs, ceremonies, and
activities.
Signed this 21st day of May, 2012.
______________________________
Mayor Barbara Tolbert
Proclamation of Public Works Week
May 20-26, 2012
Whereas, public works services provided in our community are an integral part of our citizens’
everyday lives; and
Whereas, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as engineering, GIS, water, sewers,
storm water, streets and highways, parks and public buildings; and
Whereas, the health, safety and comfort of this community greatly depends on these facilities
and services; and
Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and
construction, is vitally dependent upon the efforts and skill of public work officials; and
Whereas, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people’s attitude and understanding of the
importance of the work they perform,
Now, therefore, I Barbara Tolbert, Mayor of the City of Arlington, along with my fellow
Councilmembers do hereby proclaim the week of May 20– 26, 2012 as
“National Public Works Week”
In the City of Arlington, and I call upon the citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, comfort, and
quality of life.
Given under my hand and Seal of the City of Arlington this 21st day of May 2012.
___________________________________________
Mayor Barbara Tolbert
CASCADE VALLEY HOSPITAL BOARD of COMMISSIONERS
ARLINGTON CITY COUNCIL, and
ARLINGTON PUBLIC SCHOOLS BOARD of DIRECTORS
JOINT MEETING MINUTES
Monday, April 30, 2012, 6:30 p.m.
City of Arlington, Council Chambers
The Cascade Valley Hospital Board of Commissioners, the Arlington City Council, and the Arlington Public
Schools Board of Directors held a joint meeting on April 30, 2012 at Arlington City Hall, Council Chambers,
110 E. Third St, Arlington, WA, to discuss matters of mutual interest.
The City of Arlington hosted, and Mayor Barbara Tolbert called the meeting to order at 6:30 p.m. Mayor
Tolbert welcomed all who were present.
In attendance:
Cascade Valley Hospital
Commissioners: Tim Cavanagh, Steve Peterson, John Meno, Margot Powell, and Tina Davis
CVH Administrator: Clark Jones
City of Arlington
Council Members: Dick Butner, Steve Baker, Marilyn Oertle, Ken Klein, Randy Tendering, and
Chris Raezer
Assistant City Administrator: Kristin Banfield
City Attorney: Steve Peiffle
Mayor: Barb Tolbert
Arlington Public Schools
Board Members: Kay Duskin, Bob McClure, Jeff Huleatt, Jim Weiss, and Ursula Ghirardo
Superintendent: Kristine McDuffy
City of Arlington Council Member Debora Nelson, and School Board Student Advisors, Russell Smithson and
Sara Deeter, were absent and excused.
Also present were Arlington School District staff members Sid Logan, Mike Johnson, Julie Davis and Ed
Aylesworth; City of Arlington staff members Paul Ellis, Jim Chase, Jim Kelly, and Bill Blake.
The Pledge of Allegiance was led by Mayor Tolbert.
Page 2 of 5
GENERAL UPDATES
City of Arlington – Mayor Barb Tolbert
As many of you know, Allen had major surgery in early April. Allen is recovering very well and is expected to
be back in the office on a limited basis after Memorial Day. He passed along his thanks for all of the positive
thoughts and well wishes as he recovers.
The City has completed the roll out of the Purchasing card program to all departments. The P-cards give the
City greater fiscal control and instantaneous financial information. The City is in the process of assessing the
impacts from the state legislature’s adopted budget. Community Development staff are now spearheading a
planning process for the riverfront area. The area generally stretches from Graafstra Farm on the east over to the
City’s stormwater wetland on the west. The City has held two public meetings so far and the next meeting will
be on June 7th at 5:30pm. If you would like more information or to participate, please contact Bill Blake.
On the Economic Development front, the City has issued a net of 36 business licenses since January 1st.
Arlington Advanced Manufacturing Center is 50 percent leased and is negotiating lease terms with all the
remaining building but two. The Visitor Information Center/Restroom building adjacent to Legion Park was
opened to the public this last Saturday. This is an important addition to serving the many people using the
Centennial Trail coming through Arlington. The number of visitors coming through Arlington on the trail is
projected to be somewhere between 350,000 and 600,000 people annually. Crews are gearing up three major
transportation projects in 2012 – the WSDOT constructed SR9/SR531 Roundabout, the reconstruction of 67th
Ave NE from 204th to Lebanon St and the construction of Phase I of Airport Boulevard.
Airport Appreciation Day is this Saturday, May 5th. There are lots of fun, free activities for kids of all ages, so
we encourage everyone to pray for good weather and come enjoy the fun. The Fire Department held a training
exercise on March 25th. Mayor Tolbert and 3 councilmembers went inside the structure while it was burning so
they could learn firsthand what firefighters do. The Department will be having additional training burns this
year in partnership with Public Works. The Police Department recently completed the state Accreditation
process and will be receiving full accreditation at the Spring Washington State Sheriffs and Police Chiefs
conference in May. This is a very time intensive process and one that is not guaranteed.
Cascade Valley Hospital – Mr. Clark Jones, CVH Administrator
Mr. Jones shared the two major pressures hospitals are currently facing: the ongoing economic downturn and
healthcare reform. The ongoing economic downturn has resulted in many citizens going without insurance and
delaying healthcare. The stressed federal and state budgets have translated into dropping reimbursement rates
and an increase in those that simply cannot afford to pay. So far, CVH has not had to lay off any employees, but
financial pressures are continuing to impact CVH. CVH is doing better than most community hospitals, but it is
still tough.
The trend in healthcare in the Puget Sound area is mergers and affiliations. Cascade Valley, Skagit Valley, and
Island Hospitals have adopted an interlocal agreement that allows the agencies to explore ways to expand
partnerships and reduce expenses. Mr. Jones stated that affiliation with other hospitals is possible, although the
boards have a strong desire to remain independent.
Page 3 of 5
The Cascade Skagit Health Alliance facility is now open and is working out the usual bugs that you come
across with a new operation. They are anxiously awaiting the construction of 173rd St NE, which will increase
access to the building.
The Legislature was relatively kind to community hospitals and hospitals in general, with very few impacts.
Arlington Public Schools – Dr. Kristine McDuffy, Superintendent
Kris McDuffy shared celebrations and challenges. She noted that the District was incredibly pleased and
thankful that the M&O Levy passed, with an almost 60% “Yes” vote. She noted that the entire staff at ASD has
a laser focus on core work with our students and improving student learning. She specifically recognized the
District’s Leadership Team for keeping the focus on kids, classrooms, and improving student learning. The
District’s four focus areas are student achievement, a safe and caring environment, continuous improvement,
and stewardship. The teaching staff of the District have worked to raise their own standards and are focused on
raising the bar. The teachers are using Teach Like a Champion book as a guide. She also shared a book called
Mindset about continuous improvement and having a growth mindset. The District is finding the book
applicable to a whole host of situations, not just education.
Dr. McDuffy expressed that the District has made progress in the financial stability realm. The hit from the state
Legislature was far less than expected. She noted this is the first time in four years that the District has not had
to issue layoff notices. Board Policy was changed to say that fund balance needs to be a minimum of one
month’s operating expenses. Now have that in fund balance and are working on the discipline to keep it there.
Teacher & Principal Assessment / Evaluation systems are changing. District is projecting a slight dip in
enrollment for 2012-13 – about 100 kids – not too bad in a District of about 5,300 kids.
The Lip Dub video by AHS students was shown and Dr. McDuffy shared a bit about the local contest the video
production class entered.
Kristin Banfield reported on Public Safety Sales Tax proposal
Ms. Banfield gave a brief summary of the Public Safety Sales Tax proposal that the City has been looking at.
The proposal, if approved by the voters, would impose a 1/10th of 1% sales tax on most taxable purchases
within the City limits of Arlington. It doesn’t, however, apply to everything. One primary item it would not
apply to is car sales. Most residents would see an increase of sales tax collected of about $10-12 annually. On
May 7th, the City Council will vote on whether to put the proposal on the August 7th Primary ballot. The money
received from the additional sales tax would be dedicated entirely to public safety efforts to address the rising
crime rate and 911 calls, through staffing, equipment, and other initiatives.
Ed Aylesworth and Bill Blake reported on the Farm to Schools Program
The Farm to Schools project has taken on a new life since the Arlington Public Schools received a generous
$100,000 grant from the Stillaguamish Tribe of Indians in January. Bill Blake shared history of project and Ed
outlined the make-up of core committee. Ed noted that the committee has met twice and developed purpose
statement and norms. Ed also shared a bit about how the procurement process works for food and what the
district has done so far. The committee wants to be able to really show what we’ve done with the money and are
Page 4 of 5
exploring another funding opportunity to leverage the Tribal funds. There is a lot of work to do, but lots of
energy amongst committee. There was discussion about how to extend the program beyond the local growing
season.
Ed shared about the composting program at the schools. The program is funded by City and a grant from the
Department of Ecology. The program is reducing garbage hauling costs for school district as compostable
products are removed from the waste stream.
Jim Kelly shared about current transportation projects
Jim Kelly discussed five upcoming projects, three of which will be under construction in 2012.
173rd Street Project – 173rd St NE is located to the North of 172nd St NE and runs from Smokey Pt Blvd to 51st
(Airport Boulevard). The City bought property on the western edge of the project and is now conducting clean
up and demolition work on the property. The City is still working on the design. The City will then begin
phasing the project. The plan at this time is to construct the roadway from Smokey Point Blvd to the new Clinic
next year, if funds are available.
SR9/SR531 Roundabout – Round-about project work started today and should be concluded in the fall. The
project also includes repaving the intersection at SR9 and Crown Ridge Blvd and putting in signal sensors
further up on Crown Ridge Blvd so the light will stay green for longer periods after major events at the high
school. The work near the high school is programmed for the summer to have the least amount of impact on
AHS and Pioneer Elementary.
67th Avenue Phase III – The City is looking to bid and construct this project in 2012. This project is a total
reconstruction of 67th Ave NE from 204th St NE (Cemetery Road) to Lebanon Street. The project is more
difficult in that the City has to shut the full roadway down to install culverts underneath the roadway. Also
hampering the project is the BNSF railway on the east side and the steep hillside on the west side of the
roadway, which restricts where the road can be located. The project also includes the installation of the last leg
of the Centennial Trail.
Airport Blvd will also be constructed in 2012. This is currently named 51st St NE and will extend the current
roadway north on the airport property. The road will eventually connect 172nd St NE on the south and 188th St
NE on the north. The City has funding for Phase I and is actively seeking funding for the final phase of the
project.
The City is also working on the Transportation element of the City’s Comprehensive Plan. Once the draft is
complete, it will be shared with the school district and the hospital for their input.
The City has developed a publication to keep the public informed on the three major construction projects that
will be impacting residents and businesses this spring and summer. The “Street Corner News” will be available
online, on the City’s Facebook page, and can also be emailed directly to you. You can sign up to receive it on
the City’s website. Just go to www.arlingtonwa.gov and click on “sign up enotification”.
Page 5 of 5
Paul Ellis and Ed Aylesworth reported on Emergency Management
Paul and Ed reported on the latest Emergency Management efforts that the entities are working on both together
and independently, including recent communication improvements. The Hospital is implementing an electronic
patient reporting system that will greatly help in a mass casualty incident. The City is working on training for
line staff, which will be passed on to School District in hopes of being helpful to their staff.
Ed added that the school district has made some improvements to their communication plan, which was tested
last week during the State-wide Earthquake Drill. The District is also working on radio conversion.
Stewardship/Partnership
Sid Logan, Paul Ellis and Connie DeGregorio meet quarterly and discuss the items and services that each
purchase to find out best deals and how to combine purchases and use. Several services are shared – snow
removal, composting, farm-to-school program.
Mayor Tolbert noted that this is such a valuable partnership. These are the things we need to do to make this a
great place to live.
NEXT JOINT MEETING
The next Joint Meeting is scheduled for October 29, 2012. The School District will host.
ADJOURN
With no further business to come before the group, the meeting was adjourned at 7:40 p.m.
_____________________________________ ____________________________________
Ms. Kay Duskin, Vice President Dr. Kristine McDuffy, Superintendent
Arlington Public Schools Board of Directors Arlington Public Schools
_____________________________________ ____________________________________
Mayor Barbara Tolbert Steve Peterson, Board Secretary
City of Arlington Cascade Valley Hospital
Board of Commissioners
DRAFT
Page 1 of 4
Council Chambers
110 East Third
May 7, 2012
City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn
Oertle, Chris Raezer, Ken Klein, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Tolbert, Kristin Banfield, Paul Ellis, Jim Chase, Police Chief Nelson Beazley,
Commander DeWitt, Detective Phillips, Police Officers Graves and Sargent and PSO Copeland, Fire
Chief Bruce Stedman, Firefighter/Paramedic Dan Hargroves, Eric Scott, Rob Putnam, David Kuhl, Cristy
Brubaker, Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Brittany Kleinman, Katie Ellis, Bob Nelson, Sarah Arney – North County
Outlook, Reta Shepard, Mike Hopson and AJ Chase – Airport Commission
Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion which passed with a
unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Presentation of Arlington Police Department Employees of the Year
Police Chief Nelson Beazley introduced PSO Copeland and Officer Phillips who have both been voted
Police Department Employee of the year. Chief Beazley then read comments from peers regarding the
chosen officers and what they do for others. Each was presented a plaque in appreciation.
Introduction of Kody Cunningham, Arlington Police Department’s 2012 Chief for a Day
Chief Beazley introduced Kody Cunningham, chosen as the 2012 Chief for a Day, and Chief Beazley
spoke of the events in which he and Kody would be involved.
Snohomish County Sheriff John Lovick
Sheriff John Lovick spoke in support of Police Chief Nelson Beazley and gave him accolades, citing
events in support of his views of Chief Beazley. He then stated that it is his honor to work with Chief
Beazley.
PROCLAMATIONS
National Police Week, May 13 – 19, 2012
Mayor Barbara Tolbert read the Proclamation of National Police Week for May 13 – 19, 2012
PUBLIC COMMENT
There was no one in the audience who wished to speak to matters not on the Agenda.
CONSENT AGENDA
Marilyn Oertle moved and Ken Klein seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1. Minutes of the April 16 and 23, 2012 meetings
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT May 7, 2012
Page 2 of 4
2. Accounts Payable
Electronic Payments and Payroll Checks #27525 through #27545 dated April 1, 2012 through
April 30, 2012 in the amount of $1,115,298.00, and
EFT Payments and Claim Checks #76536 through #76698 dated April 17, 2012 through May 7,
2012 in the amount of $411,315.74
PUBLIC HEARING
There was no Public Hearing.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
Adoption of the Resolution for Public Safety Sales Tax Ballot Proposal
Assistant City Administrator Kristin Banfield spoke to the request for approval of this Ballot Proposal. She
and Chief Beazley then answered Council questions. A lengthy discussion followed. Finance Director
Jim Chase and City Attorney Steve Peiffle also answered Council questions. All Council members voiced
their opinions on the Proposal.
Chris Raezer moved to adopt the proposed resolution providing for the submission to the voters of the
city at the August 7, 2012 primary election of a proposition authorizing an additional sales and use tax at
the rate of 0.1 percent pursuant to RCW 82.14.450 to be used exclusively for public safety purposes;
providing a form of the ballot proposition; entering legislative findings; and providing direction to staff.
There was no second to the motion.
Appointment of Brittany Kleinman and Kaitlin Valenti to the Parks, Arts, and Recreation
Commission
Kristin Banfield spoke to the recent appointments.
Ken Klein moved to confirm the appointments of Brittany Kleinman and Kaitlin Valenti to the Parks, Arts,
and Recreation Commission. Marilyn Oertle seconded the motion that passed with a unanimous vote
Ordinance Adopting the Airport Master Plan Update and Associated Comprehensive Plan
Amendment
Airport Manager Rob Putnam noted that the Master Plan Update Amendments has been presented
several times in the past. There were no questions.
Debora Nelson moved to approve the Airport Master Plan Update and associated Comprehensive Plan
Amendments and direct the City Attorney to prepare an ordinance for adoption at the next Council
meeting. Marilyn Oertle seconded the motion that passed with a unanimous vote
Ordinance Adopting the 43rd Ave NE / 172nd St NE Comprehensive Plan Amendment and
Concurrent Rezone
Community Development Director David Kuhl briefly reviewed the Amendment and Rezone. He noted
that this has been presented several times.
Marilyn Oertle moved to adopt the ordinance approving the 43rd Avenue NE / 172nd Street
Comprehensive Plan Amendment and Concurrent Rezone. Steve Baker seconded the motion that
passed with a unanimous vote
Ordinance Adopting the 43rd Ave NE / 51st Ave NE (National Food) Comprehensive Plan
Amendment
Mr. Kuhl noted that this Amendment does not need a concurrent rezone. He verbally located the property
and requested Council approval.
Minutes of the City of Arlington City Council Meeting DRAFT May 7, 2012
Page 3 of 4
Marilyn Oertle moved to adopt the ordinance approving the 43rd Avenue NE – 51st Avenue NE (National
Food) Comprehensive Plan Amendment. Debora Nelson seconded the motion that passed with a
unanimous vote
67th Avenue - Authority to Bid 67th Ave Project
City Engineer Eric Scott addressed this Authority to Bid the Project, which would then show grant
authorities that the project is ready to move. He answered Council questions.
Debora Nelson moved to grant City staff the authority to bid the project, subject to review by the City
Attorney and final approval by W SDOT Local Programs and the Transportation Improvement Board.
Randy Tendering seconded the motion that passed with a unanimous vote
67th Avenue - KBA Bid Support Fee
Mr. Scott addressed the reasons for the requested contract with KBA, Inc. for their bid support services.
Debora Nelson moved to approve the contract with KBA, Inc. for Bid Support Services and authorize the
Mayor to sign the Contract, subject to review by the City Attorney and final approval by WSDOT Local
Programs and the Transportation Improvement Board. Randy Tendering seconded the motion that
passed with a unanimous vote
67th Avenue - HDR Supplement 7
Mr. Scott spoke to the reasons for the Supplemental request.
Debora Nelson moved to approve Supplement #7 to the City of Arlington – HDR contract and authorize
the mayor to sign Supplement #7, pending final approval by the City Attorney. Randy Tendering
seconded the motion that passed with a unanimous vote
Adoption of Fee Resolution
Kristin Banfield spoke to the Resolution, noting that this has been reviewed by the City Council in the
past.
Marilyn Oertle moved to approve the Fee Resolution as presented. Ken Klein seconded the motion that
passed with a unanimous vote
ADMINISTRATOR & STAFF REPORTS
Kristin Banfield noted that the Yellow Pages are now abbreviated and available.
MAYOR’S REPORT
Mayor Tolbert gave an update of events and activities she had recently attended.
COUNCIL MEMBER REPORTS – OPTIONAL
Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker
gave brief reports.
EXECUTIVE SESSION
City Attorney Steve Peiffle announced that there would be need for an Executive Session, lasting
approximately 26 - 28 minutes, for the purpose of discussion of pending or potential litigation [RCW
42.30.110(1)(i)], and to review collective bargaining negotiations, grievances, or discussions regarding
the interpretation or application of a labor agreement [RCW 42.30.140(4)]with no action taken during or
after the meeting,
At 8:12PM the meeting adjourned into Executive Session after a 5 minute break.
RECONVENE
The meeting was reconvened at 8:38PM and with no further business it was immediately adjourned.
Minutes of the City of Arlington City Council Meeting DRAFT May 7, 2012
Page 4 of 4
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
May 14, 2012
Dick Butner Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Mayor Tolbert,
Kristin Banfield, Jim Chase, Fire Chief Bruce Stedman, Jim Kelly, Eric Scott, David Kuhl, Todd Hall,
Sarah Lopez, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney
Council Members Absent: Steve Baker
Also Known to be Present: Bruce Angell - Planning Commission Chair, Sarah Arney – North County
Outlook, Ken Levesque – Planning Commission applicant, and Mike Hopson – Airport Commission
Mayor Tolbert called the meeting to order at 7:00PM.
Marilyn Oertle moved to approve the Agenda, and Chris Raezer seconded the motion, which passed with
a unanimous vote approving the Workshop Agenda.
Road Closures for Special Events
Recreation Manager Sarah Lopez presented the four special events closures requested for this season
and which would need Council approval.
Authorization to Proceed with a Privately Funded 9/11 Memorial at Firehouse
Fire Chief Bruce Steadman stated that comments from the last meeting had been reviewed, and some
changes had been made from the previously proposed project. He asked for permission to proceed with
the plan. Chief Stedman then answered several Council questions. He also described the steps taken
before requesting Council approval. Discussion followed. Assistant City Administrator Kristin Banfield
stated that there is a process being put into place to deal with any future memorial requests
67th Ave NE Phase III - BNSF Lebanon Crossing and Construction Easements
City Engineer Eric Scott noted the 4 components of the Burlington Northern right-of-way acquisitions.
Signatures are still needed from BNSF for the project to begin. Mr. Scott then answered Council
questions.
Authority to Bid the 2012 A/C Water Main Replacement Project
Mr. Scott spoke to the replacement of the asbestos concrete pipe. He noted that this year’s project would
be the water main on the west side of the airport and Broadway Avenue. Mr. Scott answered Council
questions.
Shea Carr Jewel Contract Amendment #2 for the Transportation Comprehensive Plan
Public Works Director Jim Kelly spoke to the contract due to out of scope work and additional work
required for the Traffic Impact Fee Analysis. He then answered Council questions.
Resolution to Transfer Public Works Equipment to Other Departments
Mr. Kelly asked to declare as surplus two vehicles and a generator, and he noted where these would be
going. He answered Council questions
National Public Works Week
Mr. Kelly stated that May 20 – 26 is National Public Works week, and he asked for a Council
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Meeting DRAFT May 14, 2012
Page 2 of 2
proclamation to provide recognition for those in our Public Works Department. He then showed a short
video depicting what a city could be like without the action of a Public Works Department. He suggested
the City workers wear for one day the color orange in support of Public Works.
Changes to State Environmental Laws, including SEPA Categorical Exemptions
Associate Planner Todd Hall noted that new changes have been made in Environmental Law. With the
use of an overhead presentation Mr. Hall reviewed those changes, and stated that this is for Council
information only. He then answered Council questions.
Appointment of Ken Levesque to the Planning Commission
Community Development Director David Kuhl introduced Ken Levesque, new applicant for the Planning
Commission.
Miscellaneous Council Items
There were no Miscellaneous Council Items.
PUBLIC COMMENT
There was no members of the Public who wished to speak on matters on the Agenda.
The meeting was adjourned at 7:51PM
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
CA #3
Attachment
D
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
Street Closures for Special Events
ATTACHMENTS:
none
DEPARTMENT OF ORIGIN
Recreation
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Street closures for the following:
May 28, 10-10:30am Memorial Day Parade, Olympic Avenue- Division to 2nd Street
June 9, 6am-5:30pm Show & Shine Car Show, Olympic Avenue- Division to 2nd Street
July 4, 2pm-7pm Kiddies Parade & Grand Parade, Olympic Avenue and line-up areas
July 13-15, 6am-7pm, Olympic Avenue- 5th Street to 2nd Street
HISTORY:
These events will go through the special event application and permit process. These
are annual events.
ALTERNATIVES
Deny some or all street closures.
RECOMMENDED MOTION:
I move to approve the closure of portions of Olympic Avenue at the following dates
and times for special events: May 28 from 10am to 10:30am, June 9 from 6am to 5:30pm,
July 4 from 2pm to 7pm, and July 13 at 6am through July 15 at 7pm.
City of Arlington
Council Agenda Bill
Item:
CA #4
Attachment
E
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
Authorization to Proceed with the privately funded 9/11 Memorial at Firehouse 46
ATTACHMENTS:
DEPARTMENT OF ORIGIN
Fire – Contact Chief Bruce Stedman, 360-403-3601
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Staff is requesting the Council’s authority to proceed with the privately funded 9/11 Memorial
at Firehouse 46.
HISTORY:
The City received a piece of the Twin Towers to incorporate into a memorial at Firehouse 46 in
2011. This piece was unveiled at the 9/11/11 memorial and Firehouse 46 grand reopening.
ALTERNATIVES
RECOMMENDED MOTION:
I move to authorize staff to proceed with the 9/11 memorial at Firehouse 46 so that the
community effort to raise funds for the construction of the memorial can continue.
City of Arlington
Council Agenda Bill
Item:
CA #5
Attachment
F
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
Public Works – Request for Interdepartmental Transfer of Vehicles/Equipment
ATTACHMENTS:
Resolution Declaring Property as Surplus
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: N/A, $13,500 - Interfund transfers
BUDGET CATEGORY: Water/Swr Depreciation Fund, Airport Fund
LEGAL REVIEW:
DESCRIPTION:
Council is being asked to declare two vehicles and a generator listed in the attached resolution
as surplus, and authorize the sale of these vehicles and equipment to other City departments.
HISTORY:
In 2011 the Water Department lost the use of two of their existing vehicles due to age and
unexpected damage. The Parks and Sewer departments both had vehicles that were not being
used due to reduced staffing, and agreed to let Water use those vehicles temporarily. Both the
Parks and Sewer Departments have determined that, due to reduced staffing levels, there is no
foreseeable immediate need for the loaned vehicles and they can be sold to the Water
Department.
The Airport is requesting to purchase the generator that was removed from the Haller Well
House after installing a permanent back-up power source. The Water Department is in
agreement and wants to declare this generator as surplus so it can be sold to the Airport.
ALTERNATIVES
No Action at this time
RECOMMENDED MOTION:
I move to adopt the Resolution declaring property as surplus and authorizing its sale.
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, the City has purchased the equipment listed on the attached Exhibit
“A”; and
WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of
the City department originally acquiring them, and the City wishes to transfer the same to
another department by interfund transfer;
NOW, THEREFORE, the City of Arlington, acting by and through its City
Council, does hereby resolve as follows:
1. The equipment/property described on the attached Exhibit “A” is declared
surplus to the needs of the City.
2. Staff is authorized to dispose of the property via an intergovernmental transfer
pursuant to RCW 39.33.010, including a transfer to other departments by
interfund transfers.
Passed by the City Council of the City of Arlington at a regular meeting on the
____ day of _______, 2012.
________________________________
Mayor Barbara Tolbert
ATTEST:
___________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
______________________
Steven J. Peiffle, City Attorney
Exhibit A
1. 1994 Ford F150 Super Cab
City ID# = WW-83
VIN # = 1FTEX14H1RKB44956
Kelly Blue Book Value : $2,500.00
2. 1997 Chevrolet S10 Extended Cab
City ID# = P-28
VIN # = 1GCCS19X5V8179562
Kelly Blue Book Value : $3,500.00
3. Generator – 135 kw Kohler
Model: 135ROZJ
Estimated Current Value: $7,500.00
City of Arlington
Council Agenda Bill
Item:
CA #6
Attachment
G
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
Ordinance Adopting the Airport Master Plan Update and Associated Comprehensive
Plan Amendments
ATTACHMENTS:
Ordinance
DEPARTMENT OF ORIGIN
Airport
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The Airport Commission is requesting the City Council approve the Airport Master
Plan Update.
HISTORY:
This Master Plan Update started in October 2008. Working Papers 1 & 2 were reviewed
by the Airport Commission on December 9, 2008, and Working Paper 3 on August 10,
2010. The majority of the time after Working Papers 1 & 2 was spent on the Glider
Operation Area and the Historical District. The final draft was reviewed by the Airport
Commission at a workshop in January 2012 and at the regular meeting on March 13,
2012. The Planning Commission approved the update at their March 20, 2012 meeting.
The Airport Commission approved the plan on April 10, 2012. The Council approved
the plan on May 7, 2012 and directed the City Attorney to prepare the ordinance.
ALTERNATIVES
Approve Airport Commission Recommendation with Modifications
Table Staff’s Recommendation
Deny Staff’s Recommendation
RECOMMENDED MOTION:
I move to adopt the Ordinance approving the Airport Master Plan Update and
associated Comprehensive Plan Amendments.
Ordinance XXXX adopting Airport Master Plan.docx Update 1
ORDINANCE NO. XXXX
AN ORDINANCE ADOPTING UPDATES AND REVISIONS
TO THE CITY OF ARLINGTON
AIRPORT MASTER PLAN AND RELATED CHANGES TO
THE ARLINGTON COMPREHENSIVE PLAN
WHEREAS, the City of Arlington engaged the services of the Barnard Dunkelberg
Companyto prepare an update to the City of Arlington’s Airport Master Plan (Plan); and
WHEREAS, City staff participated in the preparation and review of the Plan along with
members of the public, and state and federal agencies; and
WHEREAS, the Arlington Municipal Airport Airport Master Plan Update dated January
2012, has been reviewed by the City Airport Commission and the Arlington City Council, which
held a public hearing concerning the plan update; and
WHEREAS, the City Council finds that the plan should be adopted as the most current
City of Arlington airport master plan; and
WHEREAS, the City of Arlington’s Comprehensive Plan requires updates as a result of
changes in the Airport Master Plan;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Adoption. The City of Arlington hereby adopts the Arlington Municipal
Airport Airport Master Plan Update, prepared by Barnard Dunkelberg Company and dated
January 2012. A copy of said plan shall be on file in the City Clerk’s office.
Section 2. Section 11.4.1.6 of the Arlington Comprehensive Plan shall be and hereby is
amended to read as follows:
11.4.1.6 Airport
The Arlington Municipal Airport is part of the national system of airports, as well as of
the transportation infrastructure serving the City of Arlington, Snohomish County, and
the northern portion of the Seattle-Tacoma Metropolitan Area.
The Airport is located north of the Seattle-Tacoma Metropolitan Area, approximately
three (3) miles southwest of the Arlington Central Business District (CBD),
Ordinance XXXX adopting Airport Master Plan.docx 2
approximately one-third (0.3) of a mile from the Highway Commercial District, and
twelve (12) miles north of the City of Everett. It is owned and operated by the City of
Arlington and is contained within the corporate boundaries of the City.
The airport is 1,200 acres and includes light industrial, general industrial, business park
flightline, commercial, and public land uses, in addition to the aviation operations. The
majority of the existing general aviation facilities are located along the east side of
Runway 16/34, between 59th Avenue NE and Taxiway “A”. This part of the airport is
developed with aircraft storage facilities, including over 400 T-hangars and apron area to
accommodate over eighty tiedown spaces. The City of Arlington owns 78 of the existing
T-hangars. There are also many Fixed Base Operator (FBO), maintenance, and
individually owned aircraft storage hangars throughout this area.
Additional general aviation facilities are developing along the south side of Runway
11/29, adjacent to the east end of the runway. These facilities include tiedown apron
space for approximately 30 aircraft and complexes of 52 corporate hangars and 17 new
business-related aircraft storage hangars. The existing ultra-light hangar complex is in the
northwest quadrant of the airport and has storage for approximately 62 aircraft.
There are approximately 569 aircraft based at the airport (including 2 helicopters, 45
gliders, and 60 ultralights). The airport’s hangar occupancy rate is 100 percent currently.
There is significant demand for the additional aircraft storage facilities (approximately 50
aircraft owners are on file requesting space).
The Airport is home to one of the largest experimental aircraft gatherings, the Arlington
Fly-In. It has sufficient area to accommodate both aviation and non-aviation development
in an airport industrial park in addition to the area used for the Arlington Fly-In. The
industrial park is approximately 102 acres and is located east of 59th Avenue NE, within
the northeast quadrant.
There are approximately 170 businesses on airport property that lease land and/or
facilities from the City. Approximately 25% of these businesses involve aviation or
aviation-related uses associated with the airport. The remaining businesses are non-
aviation uses in the Industrial Park, Business Park and the Commercial zones on the
airport.
The GMA recognizes airports in two ways. Airports are considered essential public
facilities under the GMA (RCW 36.70A.200) and cities are required to plan accordingly
to protect them. In addition, RCW 36.70A.510 recognizes the potential conflict between
airports and surrounding uses and directs that every county, city and town shall
discourage siting of incompatible uses next to airports.
Ordinance XXXX adopting Airport Master Plan.docx Update 3
Arlington’s Municipal Code permits airports and aviation-related uses in the Aviation
Flightline zoning district, thereby addressing the requirements of RCW 36.70A.200, Es-
sential Public Facilities. To address the potential conflict between the airport and other
land uses, the City has adopted an Airport Protection ordinance and future zoning should
be compatible with the airport operations.
Section 3. Table 11-4 of the capital facilities element of the Arlington
Comprehensive Plan shall be and hereby is amended as shown on the attached Exhibit “A”.
Section 4. Section 12.6 of the Arlington Comprehensive Plan shall be and and hereby
is amended to read as follows:
12.6 AIRPORT MASTER PLAN
The Arlington City Council adopted the Arlington Municipal Airport Master Plan in
1995. The Master Plan was updated in 2002 and again in 2012. Its revision cycle is every
five to six years. The report determined the short-, intermediate-, and long-range needs
for facilities at Arlington Municipal Airport.
The planned improvements recommended therein were intended to:
• Allow Arlington Municipal Airport to continue to serve the general
aviation/corporate and aviation-related needs of the area.
• Continue to provide those facilities needed to serve the traditional users of the
Airport.
• Permit the continued development of the Airport to serve potential increases in
the services required.
• Maintain a high degree of flexibility in design so that future changes in the
designation of the Airport and needs of potential users can be accommodated.
The Master Plan report includes a determination of the anticipated growth to be
experienced at Arlington Municipal Airport and an evaluation of the ability of the
existing facilities to accommodate this demand.
In preparing the scope and direction for the Master Plan, it was determined that given the
context which the Arlington Airport is currently operating within, it would be necessary
to analyze four different operational alternatives, or roles, which the Airport might be
expected to serve over the specified planning period. The four roles, which were analyzed
as part of this master planning effort included:
• Remaining in its traditional role as a general aviation-only facility. The Airport
would then respond to the forecasted needs of the user group.
• Expanding the role of the Airport to provide regional commuter passenger
service. The Airport would assume regional commuter passenger service and
Ordinance XXXX adopting Airport Master Plan.docx 4
existing facilities would be provided to accommodate aircraft such as the
Fairchild Metroliner, or Dornier 328.
• Promoting the Airport as an aviation-related industrial facility. The Airport
would assume an industrial air cargo role and would provide the necessary
facilities to accommodate aircraft such as the Bae 146-100 cargo aircraft.
• Promoting the Airport as a business and corporate aviation facility. The Airport
would assume a business/corporate role and would provide the necessary
improvements to accommodate aircraft such as the IAI 1125 Westwind business
jet.
The traditional role of the Arlington Municipal Airport is that of a general aviation (GA)
facility. This was determined after consideration of all of the data and analyses presented
during the preceding elements of the Master Plan update. In addition, and after much
consideration, the Arlington Master Plan Advisory Committee unanimously chose the
role to remain as a traditional general aviation airport, including support of
business/corporate aircraft uses. The forecasts generated for the preferred scenarios were
then used to determine whether or not existing facilities at the Airport would be sufficient
to accommodate the forecast growth activity. The Advisory Committee's
recommendations were presented to both the Arlington Airport Commission and the
Arlington City Council for review and approval. The Commission and the Council both
voted unanimously in support of the Advisory Committee's recommendations, and the
Airport Layout Plan was further refined to support these decisions. Hence, the Airport
remains in its traditional GA role and existing facilities will respond to the forecasted
needs of the user group.
The Master Plan is comprised of the following:
• Airport Activity Forecasts
• Facility Requirements
• Development Concepts and Alternative Analysis
• Airport Environs Land Use Plan and Noise Analysis
• Airport Plans and Development Program
Forecasting is the key element in the planning process. Forecasts are essential for
analyzing existing airport facilities and identifying future needs and requirements for
these facilities. Historic and existing airport activity plays an important role in
determining future activity. Historically, the socioeconomic conditions of a particular
region impact aviation activity within that region. Local and itinerant operations as well
as based aircraft at the field help to project future operations. The amount and kind of
aviation activity occurring at an airport is dependent upon many factors, but are usually
reflective of the services available to aircraft operators, the businesses located on the
airport or within the community, and the general economic conditions prevalent within
Ordinance XXXX adopting Airport Master Plan.docx Update 5
the surrounding area. The most often analyzed indicators are population, employment,
and income.
The ability of an airport to accommodate the existing and forecasted aviation activity is
primarily a function of the major aircraft operating surfaces that compose the facility and
the configuration of those surfaces (runways and taxiways). Facility requirements are also
related to and considered in conjunction with weather conditions, the surrounding
airspace, the availability and type of navigational facilities, and the type and amount of
landside access.
Development Concepts and Recommendations are presented in the Master Plan in terms
of both their concept and reasoning. Therefore, several basic assumptions have been
established, which are intended to direct the future expansion of airport development.
These assumptions are supported by the aviation activity forecasts and include a
commitment for continued Airport expansion, which supports the need of the region and
thus generates economic development.
The Airport Environs Land Use Plan and Noise Analysis was developed due to the
following. The relationship between airports and surrounding land uses is a very sensitive
issue in most communities today. Hence, it must be carefully monitored and regulated to
avoid future airport/community conflicts. Land use planning considerations set forth in
this document are intended to present clear and concise recommendations regarding the
ownership and development of land within the Arlington Municipal Airport influence
area. Interested parties would include homeowners and buyers, homebuilders, developers,
area representatives, and local jurisdiction having land use control authority.
The two primary issues associated with land use planning in the vicinity of airports are
safety and noise. The issue of safety pertains to both public on the ground and the public
involved with the flight operation. The issue of noise is related to the operation of an
aircraft and its impact upon the surrounding influence area of the airport.
The Washington State Growth Management Act (GMA), requires that the comprehensive
plan of each county and city that plan under the GMA, include a process for identifying
and siting essential public facilities. Airports are designated as essential public facilities
within the State of Washington; therefore, the implementation of both land use and
development controls is vested within the authority of local city, county, or state
governments and they are responsible for ensuring compatible land use and appropriate
zoning requirements around airports.
Under the Airport Plans and Development Program, the plan for the future development
of Arlington Municipal Airport has evolved from an analysis of numerous considerations.
Among these are: aviation demand, aviation activity forecasts, aircraft operational
Ordinance XXXX adopting Airport Master Plan.docx 6
characteristics, facility requirements, and environmental considerations. In addition, the
general direction or thrust of future airport development, as expressed by the City of
Arlington and as characterized in the statement of goals, served as a basis for this airport
planning process.
Section 5. Arlington Comprehensive Plan Goals and Policies, Policy PL-17.1 shall
be modified to read as follows:
Promote a compatible relationship between the airport operations and surrounding land
uses through the application of proper zoning and the Airport Protection ordinance.
Section 6. Arlington Comprehensive Plan Goals and Policies, Policy PL-17.5 shall
be modified to read as follows:
Implement the Airport Protection District to protect aviation interests by applying FAA
and WSDOT policies and land use restrictions.
Section 7. Arlington Comprehensive Plan Goals and Policies, Policy PL-25.4 shall
be deleted in its entirety.
Section 8. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 9. Effective Date. This ordinance shall take effect five (5) days after its
publication as provided by law.
PASSED BY THE CITY COUNCIL and approved by the mayor at a regular meeting
thereof on the _____ day of May, 2012.
CITY OF ARLINGTON, WASHINGTON
___________________________________
Barbara Tolbert, Mayor
Ordinance XXXX adopting Airport Master Plan.docx Update 7
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
1/3/12 Land Use Page 20
Goal/Policy
PN
D SR
R-
L
M
D
R-
M
D
R-
H
D
OT
OT
B
D
-
1
OT
B
D
-
2
OT
B
D
-
3
NC GC HC BP LI GI
MS AF
P/
S
P
Applicable Land Use Designations
PL-16.87 The forested steep slopes along the floodplain should be protected for both environmental and
aesthetic purposes.X
PL-16.88
Care should be taken to not increase discharge of stormwater runoff onto the farmlands below.X
Island Crossing Subarea
PL-16.89 The property owners and City has been actively pursuing having this area brought into the UGA
since at least 1995.It has a long history of being drawn into the UGA,only to be challenged in
court and those decisions reversed. Nevertheless, Council continues to support it being drawn
into the UGA.
X
PL-16.90 As much of the area is within the 100-year floodplain and floods rather frequently,a drainage
plan would have to be developed and implemented to alleviate this problem.X
PL-16.91 A plan would also have to be developed for providing the necessary infrastructure to serve this
area were it to develop.X
The Airport
GL-17
PL-17.1 Promote a compatible relationship between the airport operations and surrounding land uses
through the application of proper zoning and the Airport Protection ordinance.X X X X
PL-17.2 Secure airport approach zones through either purchase or annexation and zoning,so that the
City can enforce regulatory controls in those areas.X X X X X X X X X X X X X X X X
PL-17.3 Secure avigation easements from new developments that are proposed within the airport
influence zone.X X X X X X X X X X X X X X X X
PL-17.4 The Arlington Airport is designated as an “Essential Transportation Facility.” This designation
provides leverage to maintain compatible zoning and land use options and helps protect its
airspace in the approach and transitional surface areas.
X X X X
PL-17.5 Implement the Airport Protection District to protect aviation interests by applying FAA and
WSDOT policies and land use restrictions.X X X X X X X X X X X X X X X X X X
PL-17.6 Obtain interlocal agreements with adjacent jurisdictions to help implement airport protection
policies.X X X X X X X X X X X X X X X X X X
PL-17.7 Until the Airport Protection Overlay Zone is adopted by Snohomish County and City of
Marysville the City should maintain a utility policy that requires that properties be annexed into
the City prior to obtaining sewer service.
X X X X X X X X X X X X X X X X X X
As an Essential Public Facility, protect the Arlington Municipal Airport from encroaching non-compatible land uses so as to maintain its long-term viability.
Exhibit A
1/3/12 Land Use Page 27
Goal/Policy
PN
D SR
R-
L
M
D
R-
M
D
R-
H
D
OT
OT
B
D
-
1
OT
B
D
-
2
OT
B
D
-
3
NC GC HC BP LI GI
MS AF
P/
S
P
Applicable Land Use Designations
PL-25.3 Prepare a documentation of the history of Arlington Naval Air Station in a format that can be
distributed to local schools, other organizations and placed on the City of Arlington website.X X X X
PL-25.4 DELETE this section.Actively seek grant funding for the rehabilitation of the Navy Hangar and
Engine Repair Building.X
GL-26
PL-26.1 Participate with Snohomish County in the Transfer of Development Rights program.X X X X X X X X X X X X X X X X X X
PL-26.2 Support the viability of long-term agricultural uses in the valley.X X X X X X X X X X X X X X X X X X
PL-26.3 Protect the natural resources of the valley.X X X X X X X X X X X X X X X X X X
PL-26.4 Maintain the valley's open space as a gateway to the City.X X X X X X X X X X X X X X X X X X
PL-26.5 Work with property owners, other jurisdictions,the Stillaguamish Tribe, and other interested
parties toward a long-term protection strategy.X X X X X X X X X X X X X X X X X X
PL-26.6 Designate the floodplain between SR-9 and I-5 as an Open Space Corridor pursuant to the
Growth Management Act, RCW 36.70A.160.X X X X X X X X X X X X X X X X X X
Public/Semi-Public Land Use
GL-27
PL-27.1 Public and semi-public development should be held to the same standards as private
development.X X X X X X X X X X X X X X X X X X
PL-27.2 Require new public/semi-public development proposals to include the design and construction
of walkways and/or sidewalks to integrate and link commercial activities and other
neighborhoods within the urban growth area.
X X X X X X X X X X X X X X X X X X
Minimizing Risk of Natural Disasters
GL-28
PL-28.1 Arlington shall maintain a current comprehensive emergency management plan which shall
based on a hazard analysis and as a minimum include a basic document with the elements
listed in WAC 118-30-060 (1)-(8).Said plan shall address all natural and man-made
emergencies and disasters to which Arlington is vulnerable, and shall specify the purpose,
organization, responsibilities and facilities of agencies and officials of the political subdivision in
the mitigation of,preparation for,response to,and recovery from emergencies and disasters.
(Paraphrased from WAC 118-30-030 (9))
X X X X X X X X X X X X X X X X X X
Prepare for and be able to respond to any predictable threat from natural disaster.
Promote equity in development regulations between private and public lands.
Protect the Stillaguamish Valley from further development.
Exhibit A
1/3/12 Land Use Page 28
Goal/Policy
PN
D SR
R-
L
M
D
R-
M
D
R-
H
D
OT
OT
B
D
-
1
OT
B
D
-
2
OT
B
D
-
3
NC GC HC BP LI GI
MS AF
P/
S
P
Applicable Land Use Designations
PL-28.2 Regulate land use and development to protect natural topographic, geologic, vegetational, and
hydrological features in a manner that protects the citizens from those natural features through
avoidance of exposure.
X X X X X X X X X X X X X X X X X X
PL-28.3 Protect geologically hazardous areas, especially forested steep slopes, recognizing that these
areas provide multiple critical areas functions.X X X X X X X X X X X X X X X X X X
PL-28.4 Promote soil stability and the use of the natural drainage system by retaining critical areas of
existing native vegetation.X X X X X X X X X X X X X X X X X X
PL-28.5 Prohibit development on unstable land and restrict development on potentially unstable land to
ensure public safety and conformity with natural constraints.X X X X X X X X X X X X X X X X X X
Exhibit A
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
H
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
Appointment of Ken Levesque to the Planning Commission
ATTACHMENTS:
Application from Ken Levesque
DEPARTMENT OF ORIGIN
Community Development – Contact David Kuhl, 360-403-3445
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
With the resignation of Jim Cummins, the Planning Commission has one vacancy.
Council is requested to appoint Ken Levesque to this vacancy.
HISTORY:
A panel comprised of Councilmember Oertle, Planning Commission Chair Bruce
Angell, Community development Director David Kuhl and Assistant to the City
Administrator Paul Ellis interviewed two candidates for the vacancy on April 25, 2012.
The panel recommended the appointment of Mr. Levesque.
ALTERNATIVES
Do not appoint.
RECOMMENDED MOTION:
I move to approve the appointment of Ken Levesque to the Planning Commission.
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
I
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
BNSF Lebanon Crossing and Construction Easements
ATTACHMENTS:
BNSF Construction and Maintenance Agreement
BNSF Form 704 Easement
DEPARTMENT OF ORIGIN:
Public Works – Eric Scott
EXPENDITURES REQUESTED: $250,427
BUDGET CATEGORY: Transportation Imp. Fund , STP Grant, TIB
Grant
LEGAL REVIEW:
DESCRIPTION:
Enter into an easement agreement with BNSF along with a construction and maintenance
agreement for the construction of the crossing at Lebanon Street.
HISTORY:
As part of the 67th Ave Phase III project, staff has been coordinating with BNSF on the
construction and expansion of the crossing at Lebanon St. Construction will include
replacement of the existing timber spacers with concrete, and expand the crossing to
accommodate the completion of the Centennial Trail gap. Costs for the agreement are:
$ 13,161 Temporary Construction License
$ 21,816 Easement
$ 2,000 Administrative Fee
$213,450 Estimated construction cost for Lebanon Crossing
$250,427 TOTAL
ALTERNATIVES
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
I move to approve the BNSF Lebanon Crossing and Construction Easements necessary for
construction of the 67th Ave project and authorize the mayor to sign, pending final approval by
the City Attorney.
1 of 42
GRADE CROSSING CONSTRUCTION AND MAINTENANCE
AGREEMENT
BNSF File No.: 092097B
Mile Post 6.75
Line Segment 406
U.S. DOT Number 092097B
Arlington Spur (Bellingham Sub)
This Agreement (“Agreement”), is executed to be effective as of this ______ day of
_____________, 20__ (“Effective Date”), by and between BNSF RAILWAY
COMPANY, a Delaware corporation ("BNSF"), and the City of Arlington, a political
subdivision of the State of WA ("Agency”).
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of
Arlington, State of WA;
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is
undertaking a project to improve and widen the existing Lebanon Street at-grade
crossing, located at BNSF Line Segment 406 and Milepost 6.75, and designated by
D.O.T. No. 092097B, by widening the roadway with a sidewalk across the BNSF right-
of-way as indicated on the Exhibit A, attached
WHEREAS, the parties agree that BNSF will receive no ascertainable benefit from the
installation of advance warning signs, pavement marking stop bars or crossing signal
equipment (hereinafter collectively called, “Crossing Signal Equipment”); and
WHEREAS, BNSF agrees to purchase and install, at AGENCY’S sole expense, the new
crossing surface described in the scope of work herein, and upon the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
ARTICLE I) SCOPE OF WORK
2 of 42
1. The term "Project" as used herein includes any and all work related to the
reconstruction and widening of the Lebanon Street by Agency and installation of a new
crossing surfaces at U.S. D.O.T No. 092097B, (hereinafter referred to as the
"Crossing") by BNSF, more particularly described on the Exhibit A, including, but not
limited to, any and all changes to telephone, telegraph, signal and electrical lines and
appurtenances, temporary and permanent track work, fencing, grading, alterations to or
new construction of drainage facilities, preliminary and construction engineering and
contract.
ARTICLE II) RAILROAD OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful
performance thereof, BNSF agrees as follows:
1. In consideration of the faithful performance of the Agency’s covenants contained
herein, BNSF hereby grants to Agency, its successors and assigns, upon and subject to
the terms and conditions set forth in this Agreement, a temporary non-exclusive license
(hereinafter called, “Temporary Construction License”) to construct the Crossing across
or upon the portion of BNSF's right-of-way described further on Exhibit A-1, attached
hereto and incorporated herein, excepting and reserving BNSF’s rights, and the rights of
any others who have obtained, or may obtain, permission or authority from BNSF, to do
the following:
(a) Operate, maintain, renew and/or relocate any and all existing railroad track or
tracks, wires, pipelines and other facilities of like character upon, over or
under the surface of said right-of-way;
(b) Construct, operate, maintain, renew and/or relocate upon said right-of-way,
without limitation, such facilities as the BNSF may from time to time deem
appropriate;
(c) Otherwise use or operate the right-of-way as BNSF may from time to time
deem appropriate.
Prior to commencing any work on BNSF’s property or right-of-way, Agency must
pay BNSF the sum of thirteen thousand, one hundred sixty one and No/100 Dollars
($13,161.00) as compensation for the Temporary Construction License. The term of the
Temporary Construction License begins on the Effective Date and ends on the earlier of
(i) substantial completion of the Structure, or (ii) twelve (12) months following the
Effective Date. The Temporary Construction License and related rights given by BNSF
to Agency in this provision are without warranty of title of any kind, express or implied,
and no covenant of warranty of title will be implied from the use of any word or words
herein contained. The Temporary Construction License is for construction of the
Crossing only and shall not be used by Agency for any other purpose. Agency
acknowledges and agrees that Agency shall not have the right, under the Temporary
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Construction License, to use the Crossing. In the event Agency is evicted by anyone
owning, or claiming title to or any interest in said right-of-way, BNSF will not be liable to
Agency for any damages, losses or any expenses of any nature whatsoever. The
granting of similar rights to others, subsequent to the date of this Agreement, will not
impair or interfere with the rights granted to Agency herein.
Upon receiving the payment from Agency described in the subsequent sentence
and provided Agency is in compliance with the terms and conditions of this Agreement,
BNSF will grant to Agency, its successors and assigns, an easement (hereinafter called,
the “Easement”) to enter upon and use that portion of BNSF’s right-of-way as is
necessary to use and maintain the Crossing, substantially in the form of Exhibit B
attached to this Agreement. Agency must pay BNSF the sum of twenty one thousand,
eight hundred sixteen and No/100 Dollars ($21,816.00) as compensation for the
Easement within thirty (30) days of issuing a Notice to Proceed pursuant to Article III,
Section 8 of this Agreement. If Agency fails to pay BNSF within the thirty day time
period set forth in the preceding sentence, BNSF may stop construction of the Project
until full payment is received by BNSF.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work
required for the construction of the Project, such railroad work and the estimated cost
thereof being as shown on Exhibit D attached hereto and made a part hereof. In the
event construction on the Project has not commenced within six (6) months following
the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost
estimates set forth in said Exhibit D. In such event, the revised cost estimates will
become a part of this Agreement as though originally set forth herein. Any item of work
incidental to the items listed on Exhibit D not specifically mentioned therein may be
included as a part of this Agreement upon written approval of Agency, which approval
will not be unreasonably withheld. Construction of the Project must include the
following railroad work (“Railroad Work”) by BNSF:
(a) Procurement of materials, equipment and supplies necessary for the Railroad
Work;
(b) Preliminary engineering, design, and contract preparation;
(c) Furnishing of flagging services during construction of the Project as required and
set forth in further detail on Exhibit C, attached to this Agreement and made a
part hereof;
(d) Furnishing engineering and inspection as required in connection with the
construction of the Project;
(e) Removal and disposal of the existing crossing surfaces from the Crossing;
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(f) Installation of two 80-foot concrete crossing surfaces for the one track, complete
with new rail, ties, ballast, fasteners, along with appropriate surfacing, to carry
the improved roadway and sidewalks
(g) Make such changes in the alignment, location and elevation of its telephone,
telegraph, signal and/or wire lines and appurtenances along, over or under the
tracks, both temporary and permanent, as may become necessary by reason of
the construction of the Project.
3. BNSF will do all Railroad Work set forth in Article II, Section 2 above on an actual
cost basis at Agency’s expense, when BNSF, in its sole discretion, determines it is
required by its labor agreements to perform such work with its own employees working
under applicable collective bargaining agreements.
4. Agency agrees to reimburse BNSF for work of an emergency nature caused by
Agency or Agency’s contractor in connection with the Project which BNSF deems is
reasonably necessary for the immediate restoration of railroad operations, or for the
protection of persons or BNSF property. Such work may be performed by BNSF
without prior approval of Agency and Agency agrees to fully reimburse BNSF for all
such emergency work.
5. BNSF may charge Agency for insurance expenses, including self-insurance
expenses, when such expenses cover the cost of Employer's Liability (including, without
limitation, liability under the Federal Employer's Liability Act) in connection with the
construction of the Project. Such charges will be considered part of the actual cost of
the Project, regardless of the nature or amount of ultimate liability for injury, loss or
death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send Agency progressive
invoices detailing the costs of the Railroad Work performed by BNSF under this
Agreement. Agency must reimburse BNSF for completed work within thirty (30) days of
the date of the invoice for such work. Upon completion of the Project, BNSF will send
Agency a detailed invoice of final costs, segregated as to labor and materials for each
item in the recapitulation shown on Exhibit D. Pursuant to this section and Article IV,
Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of
the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum)
on any unpaid sums or other charges due under this Agreement which are past its
credit terms. The finance charge continues to accrue daily until the date payment is
received by BNSF, not the date payment is made or the date postmarked on the
payment. Finance charges will be assessed on delinquent sums and other charges as
of the end of the month and will be reduced by amounts in dispute and any unposted
payments received by the month’s end. Finance charges will be noted on invoices sent
to Agency under this section.
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ARTICLE III) AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance
thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. Said
plans (reduced size 11” x 17”), showing the plan and profile of the roadway work on
BNSF right-of-way and marked as Exhibit A, attached hereto and made a part hereof,
must be submitted to BNSF for the development of railroad cost estimates.
2. Agency must make any required application and obtain all required permits and
approvals for the construction of the Project.
3. Agency must acquire all rights of way necessary for the construction of the
Project.
4. Agency must make any and all arrangements for the installation or relocation of
wire lines, pipe lines and other facilities owned by private persons, companies,
corporations, political subdivisions or public utilities other than BNSF which may be
necessary for the construction of the Project.
5. Agency must construct the Project as shown on the attached Exhibit A and do all
work (“Agency’s Work”) provided for in the plans and specifications for the Project,
except railroad work that will be performed by BNSF hereunder. Agency must furnish
all labor, materials, tools and equipment for the performance of Agency’s Work. The
principal elements of Agency’s Work are as follows:
(a) Design and Reconstruction/Construction of Lebanon Street;
(b) Installation of a pavement marking stop bar in accordance with the Manual
on Uniform Traffic Control Devices (hereinafter called, “MUTCD”);
(c) Installation of advance warning signs in accordance with the MUTCD;
(d) Perform all necessary grading and paving, including backfill of excavations
and restoration of disturbed vegetation on BNSF’s right-of-way;
(e) Provide suitable drainage, both temporary and permanent;
(f) Provide all barricades, lights, flagmen or traffic control devices necessary
for preventing vehicular traffic from using a portion of the Crossing, during
the installation of the concrete crossing surfaces, and also during the
installation of the Crossing Signal Equipment;
(g) Construct asphalt/concrete roadway surface on approaches to each track.
Roadway surface will match elevation of the Main (and Siding) Track
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crossing surface(s) and remain level to a point at least thirty (30) feet from
nearest rail. Any concrete headers will be constructed no closer than 5’-6”
(preferably 6’-0”) from centerline of each track to provide for a minimum of
11’-0” (preferably 12’-0”) opening for track and railroad crossing surface;
and
(h) Job site cleanup including removal of all construction materials, concrete
debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and
other waste materials to the satisfaction of BNSF.
6. The Agency will approve the location of the signals and signal bungalow prior to
the installation by BNSF.
7. The Agency must have advanced railroad crossing signs and standard pavement
markings in place at the crossing shown on Exhibit A (if the same are required by the
MUTCD) prior to the acceptance of this Project by the Agency.
8. The Agency must give BNSF’s Manager Public Projects written notice to proceed
(“Notice to Proceed”) with the railroad portion of the work after receipt of necessary
funds for the Project. Unless otherwise agreed, BNSF will not begin the Railroad Work
(including, without limitation, procurement of supplies, equipment or materials) until
written notice to proceed is received from Agency.
9. The Agency’s Work must be performed by Agency or Agency's contractor in a
manner that will not endanger or interfere with the safe and timely operations of BNSF
and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed
by subcontractors on behalf of the Agency, Agency shall require the subcontractors to
execute the C and C-1 Exhibits attached hereto. Prior to performing any future
maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable
safety rules and regulations; require any Agency employee performing maintenance to
complete the safety training program at the BNSF’s Internet Website
“contractororientation.com”; notify BNSF when, pursuant to the requirements of Exhibit
C, a flagger is required to be present; procure, and have approved by BNSF’s Risk
Management Department, Railroad Protective Liability insurance.
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty
(30) calendar days prior to requesting a BNSF flagman in accordance with the
requirements of Exhibit C attached hereto. Additionally, Agency must require its
contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior
to commencing work on BNSF property or near BNSF tracks.
12. Agency must include the following provisions in any contract with its contractor(s)
performing work on said Project:
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(a) The Contractor is placed on notice that fiber optic, communication and
other cable lines and systems (collectively, the “Lines”) owned by
various telecommunications companies may be buried on BNSF’s
property or right-of-way. The locations of these Lines have been
included on the plans based on information from the
telecommunications companies. The contractor will be responsible for
contacting BNSF’s Engineering Representative, Dave Johnson at
(206) 625-6189 and/or the telecommunications companies and
notifying them of any work that may damage these Lines or facilities
and/or interfere with their service. The contractor must also mark all
Lines shown on the plans or marked in the field in order to verify their
locations. The contractor must also use all reasonable methods when
working in the BNSF right-of-way or on BNSF property to determine if
any other Lines (fiber optic, cable, communication or otherwise) may
exist.
(b) Failure to mark or identify these Lines will be sufficient cause for
BNSF’s engineering representative Dave Johnson at (206) 625-6189
to stop construction at no cost to the Agency or BNSF until these items
are completed.
In addition to the liability terms contained elsewhere in this Agreement, the contractor
hereby indemnifies, defends and holds harmless BNSF for, from and against all cost,
liability, and expense whatsoever (including, without limitation, attorney’s fees and court
costs and expenses) arising out of or in any way contributed to by any act or omission
of Contractor, its subcontractors, agents and/or employees that cause or in any way or
degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or
its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s
right-of-way, (2) any injury to or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or employees, on
BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or cause of action
for alleged loss of profits or revenue by, or loss of service by a customer or user of such
telecommunication company(ies).THE LIABILITY ASSUMED BY CONTRACTOR
WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR SOLE NEGLIGENCE OF BNSF.
(c) The Contractor will be responsible for the rearrangement of any
facilities or Lines determined to interfere with the construction. The
Contractor must cooperate fully with any telecommunications
company(ies) in performing such rearrangements.
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13. Agency must require compliance with the obligations set forth in this Agreement,
including Exhibit C and Exhibit C-1, and incorporate in each prime contract for
construction of the Project, or the specifications therefor (i) the provisions set forth in
Article III; (ii) the provisions set forth in Article IV; and (iii) the provisions set forth in
Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof.
14. Except as otherwise provided below in this Section 14, all construction work
performed hereunder by Agency for the Project will be pursuant to a contract or
contracts to be let by Agency, and all such contracts must include the following:
(a) All work performed under such contract or contracts within the limits of
BNSF's right-of-way must be performed in a good and workmanlike
manner in accordance with plans and specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF
operations must be subject to BNSF's approval;
(c) No work will be commenced within BNSF's right-of-way until each of the
prime contractors employed in connection with said work must have (i)
executed and delivered to BNSF a letter agreement in the form of Exhibit
C-1, and (ii) delivered to and secured BNSF's approval of the required
insurance;
(d) If it is in Agency’s best interest, Agency may direct that the construction of
the Project be done by day labor under the direction and control of
Agency, or if at any time, in the opinion of Agency, the contractor has
failed to prosecute with diligence the work specified in and by the terms of
said contract, Agency may terminate its contract with the contractor and
take control over the work and proceed to complete the same by day labor
or by employing another contractor(s) provided; however, that any
contractor(s) replacing the original contractor(s) must comply with the
obligations in favor of BNSF set forth above and, provided further, that if
such construction is performed by day labor, Agency will, at its expense,
procure and maintain on behalf of BNSF the insurance required by Exhibit
C-1.
(e) To facilitate scheduling for the Project, Agency shall have its contractor
give BNSF’s Roadmaster 90 days advance notice of the proposed times
and dates for work windows. BNSF and Agency’s contractor will establish
mutually agreeable work windows for the Project. BNSF has the right at
any time to revise or change the work windows, due to train operations or
service obligations. BNSF will not be responsible for any additional costs
and expenses resulting from a change in work windows. Additional costs
and expenses resulting from a change in work windows shall be
accounted for in the contractor’s expenses for the Project.
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15. Agency must advise the appropriate BNSF Manager Public Projects, in writing, of
the completion date of the Project within thirty (30) days after such completion date.
Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the date
on which Agency and/or its Contractor will meet with BNSF for the purpose of making
final inspection of the Project.
16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY
RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES
AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES,
FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION,
SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND
OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE
EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY
ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART)
(I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY
THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR
AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE
SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (IV) AGENCY’S BREACH OF THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY
PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR
INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY’S OCCUPATION AND USE OF BNSF’S PROPERTY
OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT
MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR
OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR
CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE
LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT
IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE OF BNSF.
ARTICLE IV) JOINT OBLIGATIONS
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IN CONSIDERATION of the premises, the parties hereto mutually agree to the
following:
1. All work contemplated in this Agreement must be performed in a good and
workmanlike manner and each portion must be promptly commenced by the party
obligated hereunder to perform the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence. Furthermore, any changes or
modifications during construction which affect BNSF will be subject to BNSF's approval
prior to the commencement of any such changes or modifications.
2. The work hereunder must be done in accordance with the Exhibit A and the
detailed plans and specifications approved by BNSF.
3. Agency must require its contractor(s) to reasonably adhere to the Project's
construction schedule for all Project work. The parties hereto mutually agree that
BNSF's failure to complete the Railroad Work in accordance with the construction
schedule due to inclement weather or unforeseen railroad emergencies will not
constitute a breach of this Agreement by BNSF and will not subject BNSF to any
liability. Regardless of the requirements of the construction schedule, BNSF reserves
the right to reallocate the labor forces assigned to complete the Railroad Work in the
event of an emergency to provide for the immediate restoration of railroad operations
(BNSF or its related railroads) or to protect persons or property on or near any BNSF
owned property. BNSF will not be liable for any additional costs or expenses resulting
from any such reallocation of its labor forces. The parties mutually agree that any
reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect
consequences or costs resulting from any such reallocation will not constitute a breach
of this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the
following events take place: (i) Agency (or any of its contractors) performs the Project
work in a manner contrary to the plans and specifications approved by BNSF; (ii)
Agency (or any of its contractors), in BNSF’s opinion, prosecutes the Project work in a
manner which is hazardous to BNSF property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the
Temporary Construction License or the Easement pursuant to Article II, Section 1 of this
Agreement. The work stoppage will continue until all necessary actions are taken by
Agency or its contractor to rectify the situation to the satisfaction of BNSF’s Division
Engineer or until additional insurance has been delivered to and accepted by BNSF. In
the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or
(iii) the Easement, BNSF may immediately terminate the Temporary Construction
License or the Easement. Any such work stoppage under this provision will not give
rise to any liability on the part of BNSF. BNSF’s right to stop the work is in addition to
any other rights BNSF may have including, but not limited to, actions or suits for
damages or lost profits. In the event that BNSF desires to stop construction work on the
Project, BNSF agrees to immediately notify the following individual in writing:
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Eric Scott
City of Arlington
238 North Olympic Ave.
Arlington, WA 98223
5. Agency must supervise and inspect the operations of all Agency contractors to
assure compliance with the plans and specifications approved by BNSF, the terms of
this Agreement and all safety requirements of the BNSF railroad. If BNSF determines
that proper supervision and inspection is not being performed by Agency personnel at
any time during construction of the Project, BNSF has the right to stop construction
(within or adjacent to its operating right-of-way). Construction of the Project will not
proceed until Agency corrects the situation to BNSF’s reasonable satisfaction. If BNSF
feels the situation is not being corrected in an expeditious manner, BNSF will
immediately notify Eric Scott for appropriate corrective action.
6. Pursuant to this section and Article II, Section 6 herein, Agency must, out of
funds made available to it for the construction of the Project, reimburse BNSF in full for
the actual costs of all work performed by BNSF under this Agreement.
7. All expenses detailed in statements sent to Agency pursuant to Article II, Section
6 herein will comply with the terms and provisions of the Federal Aid Highway Program
Manual, U.S. Department of Transportation, as amended from time to time, which
manual is hereby incorporated into and made a part of this Agreement by reference.
The parties mutually agree that BNSF's preliminary engineering, design, and contract
preparation costs described in Article II, Section 2 herein are part of the costs of the
Project even though such work may have preceded the date of this Agreement.
8. The construction of the Project will not commence until Agency gives BNSF's
Manager Public Projects thirty (30) days prior written notice of such commencement.
The commencement notice will reference BNSF's file number and D.O.T. Crossing No.
092097B and must state the time that construction activities will begin.
9. In addition to the terms and conditions set forth elsewhere in this Agreement,
BNSF and the Agency agree to the following terms upon completion of construction of
the Project:
(a) Agency will own and be fully responsible for repairs, maintenance, future
construction or reconstruction of the Lebanon Street roadway.
(b) Agency will maintain the elevation of the Lebanon Street roadway
approaches to match the elevation on the railroad track crossing surfaces
and to be no more than three (3) inches above or six (6) inches below top-
of-rail elevation at a distance measured thirty (30) feet from the nearest
rail.
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(c) Agency will maintain the advanced railroad crossing warning signs and
pavement markings and agrees to hold harmless and indemnify BNSF for
any claims, damages or losses, in whole or in part, caused by or due to
the Agency’s failure to maintain the advanced warning signs and markings
or other requirements of the MUTCD.
(d) Agency will do nothing and permit nothing to be done in the maintenance
of the Lebanon Street roadway, which will interfere with or endanger
facilities of BNSF.
(e) It is expressly understood by Agency and BNSF that any right to install
utilities will be governed by a separate permit or license agreement
between the parties hereto.
(f) BNSF will, at its sole cost and expense, operate and maintain the
Crossing Signal Equipment, Crossing Signal Control House, and the new
crossing surfaces, from end-of-tie to end-of-tie, in proper condition, and
the new crossing surfaces, from end-of-tie to end-of-tie.
(g) Notwithstanding the preceding provision, if any regulations, ordinances,
acts, rules or other laws subsequently passed or amended by the Agency
or any other governmental or legislative authority increase the Agency’s
portion of maintenance cost under this Agreement, BNSF will receive the
benefit of any such regulations, ordinances, acts, rules or other laws and
the Agency’s increased portion of maintenance costs will be incorporated
into and made a part of this Agreement.
(h) If a railway or highway improvement project necessitates rearrangement,
relocation, or alteration of the Crossing Signal Equipment, Crossing Signal
House, or the new crossing surface or the new crossing surface installed
hereunder, the costs for such rearrangement, relocation or alteration will
be the responsibility of the party requesting such changes.
(i) If any of the Crossing Signal Equipment is partially or wholly destroyed,
then such repair and/or replacement costs must be distributed among the
parties as follows:
a) In the event the BNSF’s sole negligence destroys or
damages the Crossing Signal Equipment and/or the
Crossing Signal House, BNSF must, at its sole cost and
expense, replace or repair such Crossing Signal Equipment
and/or Crossing Signal House.
b) In the event the Crossing Signal Equipment is damaged or
destroyed by any other cause, Agency must reimburse
BNSF for the costs to replace or repair such Crossing Signal
Equipment and/or Crossing Signal House.
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(j) If the Crossing Signal Equipment and/or Crossing Signal House installed
hereunder cannot, through age, be maintained, or by virtue of its
obsolescence, requires replacement, the cost of installation of the new
crossing signal equipment and/or new crossing signal house will be
negotiated by the parties hereto on the basis of the current Federal Aid
Railroad Signal Program participation and applicable Agency at the time of
such replacement is warranted.
10. Agency must notify and obtain prior authorization from BNSF's Manager of Public
Projects before entering BNSF's right-of-way for Inspection and Maintenance
purposes and the BNSF Manager of Public Projects will determine if flagging is
required. If the construction work hereunder is contracted, Agency must require its
prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1,
as the same may be revised from time to time. Agency will be responsible for its
contractor(s) compliance with such obligations.
11. Any books, papers, records and accounts of the parties hereto relating to the
work hereunder or the costs or expenses for labor and material connected with the
construction will at all reasonable times be open to inspection and audit by the agents
and authorized representatives of the parties hereto, as well as the State of WA and
the Federal Highway Administration, for a period of three (3) years from the date of final
BNSF invoice under this Agreement.
12. The covenants and provisions of this Agreement are binding upon and inure to
the benefit of the successors and assigns of the parties hereto. Notwithstanding the
preceding sentence, neither party hereto may assign any of its rights or obligations
hereunder without the prior written consent of the other party.
13. In the event construction of the Project does not commence within 2 years of the
Effective Date, this Agreement will become null and void.
14. Neither termination nor expiration of this Agreement will release either party from
any liability or obligation under this Agreement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of termination
or expiration.
15. To the maximum extent possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement is prohibited by, or held to be invalid under, applicable law,
such provision will be ineffective solely to the extent of such prohibition or invalidity and
the remainder of the provision will be enforceable.
16. This Agreement (including exhibits and other documents, manuals, etc.
incorporated herein) is the full and complete agreement between BNSF and Agency
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with respect to the subject matter herein and supersedes any and all other prior
agreements between the parties hereto.
17. The requirements of 23 C.F.R. section 635.410 (“Buy America”) apply to this
project, except as provided in 23 C.F.R. section 140.908, Railroad shall not be required
to change its existing standards for materials used in permanent changes to Railroad’s
facilities.
18. Any notice provided for herein or concerning this Agreement must be in writing
and will be deemed sufficiently given when sent by certified mail, return receipt
requested, to the parties at the following addresses:
BNSF Railway Company:
BNSF's Manager Public Projects
2454 Occidental Ave S #2-D
Seattle, WA 98134
Agency:
City of Arlington
Eric Scott
238 North Olympic Ave
Arlington, WA 98223
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by its duly qualified and authorized officials as of the day and
year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name:
Title:
WITNESS:
___________________________
City of Arlington
WITNESS:
___________________________
By:
Printed Name:
Title: _____________________
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Exhibit A-1
[Insert cross-hatched drawing of the Temporary Construction License and Structure]
[BARTLETT AND WEST TO PREPARE EXHIBIT A]
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EXHIBIT “B”
EASEMENT AGREEMENT
FOR _____________________________
(Overpass Agreement)
THIS EASEMENT AGREEMENT FOR _________________ ("Easement
Agreement") is made and entered into as of the ____ day of _________ 20___
("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("Grantor"), and __________________________, a ________________
("Grantee").
A. Grantor owns or controls certain real property situated at or near the
vicinity of _______________________, County of _____________, State of
_________, at Mile Post __________, [Project # ___________], as described or
depicted on Exhibit "A-1" attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Overpass Agreement
dated as of ______________________________________ concerning improvements
on or near the Premises (the “Overpass Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over
the Premises for the Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms
and conditions set forth in this Easement Agreement.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are
incorporated herein, the mutual promises contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set
forth in the OVERPASS Agreement. Any improvements to be constructed in
connection with the Easement Purpose are referred to herein as "Improvements"
and shall be constructed, located, configured and maintained by Grantee in strict
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accordance with the terms of this Easement Agreement and the OVERPASS
Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement
("Easement") over the Premises for the Easement Purpose and for no other
purpose. The Easement is granted subject to any and all restrictions, covenants,
easements, licenses, permits, leases and other encumbrances of whatsoever nature
whether or not of record, if any, relating to the Premises and subject to all with all
applicable federal, state and local laws, regulations, ordinances, restrictions,
covenants and court or administrative decisions and orders, including Environmental
Laws (defined below) and zoning laws (collectively, "Laws"). Grantor may not make
any alterations or improvements or perform any maintenance or repair activities
within the Premises except in accordance with the terms and conditions of the
OVERPASS Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be
exercised by Grantor and any other parties who may obtain written
permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any existing pipe, power,
communication, cable, or utility lines and appurtenances and other
facilities or structures of like character (collectively, "Lines") upon,
over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any tracks or additional facilities or
structures upon, over, under or across the Premises; and
(c) to use the Premises in any manner as the Grantor in its sole
discretion deems appropriate, provided Grantor uses all
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commercially reasonable efforts to avoid material interference with
the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated
under provisions of this Easement Agreement, shall be perpetual. [If this is a
temporary easement replace the preceding sentence with the following: The term
of this Easement, unless sooner terminated under provisions of this Easement
Agreement, shall expire on the date that is ___________________________________
after the Effective Date.]
Section 3 No Warranty of Any Conditions of the Premises. Grantee
acknowledges that Grantor has made no representation whatsoever to Grantee
concerning the state or condition of the Premises, or any personal property located
thereon, or the nature or extent of Grantor's ownership interest in the Premises.
Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as
an inducement to entering into this Easement Agreement, other than as set forth herein.
GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY,
WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY
PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE
QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR
THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES.
GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION,
QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE
PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED
USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT
AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL
FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S
RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will
inspect the Premises, and enters upon Grantor's rail corridor and property with
knowledge of its physical condition and the danger inherent in Grantor's rail operations
on or near the Premises. Grantee acknowledges that this Easement Agreement does
not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter
defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT
WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND
GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT
OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone
owning or claiming title to or any interest in the Premises, or by the abandonment by
Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any
compensation paid hereunder.
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Section 5 Improvements. Grantee shall take, in a timely manner, all actions
necessary and proper to the lawful establishment, construction, operation, and
maintenance of the Improvements, including such actions as may be necessary to
obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of the Improvements shall be made and
maintained in such manner, form and extent as will provide adequate drainage of and
from the adjoining lands and premises of the Grantor; and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such
lands and premises of the Grantor, the Grantee shall construct and maintain such
culverts or drains as may be requisite to preserve such natural and pre-existing
drainage, and shall also wherever necessary, construct extensions of existing drains,
culverts or ditches through or along the premises of the Grantor, such extensions to be
of adequate sectional dimensions to preserve the present flowage of drainage or other
waters, and of materials and workmanship equally as good as those now existing. In the
event any construction, repair, maintenance, work or other use of the Premises by
Grantee will affect any Lines, fences, buildings, improvements or other facilities
(collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk
to locate and make any adjustments necessary to such Other Improvements. Grantee
must contact the owner(s) of the Other Improvements notifying them of any work that
may damage these Other Improvements and/or interfere with their service and obtain
the owner’s written approval prior to so affecting the Other Improvements. Grantee
must mark all Other Improvements on the Plans and Specifications and mark such
Other Improvements in the field in order to verify their locations. Grantee must also use
all reasonable methods when working on or near Grantor property to determine if any
Other Improvements (fiber optic, cable, communication or otherwise) may exist. The
Grantee agrees to keep the above-described premises free and clear from combustible
materials and to cut and remove or cause to be cut and removed at its sole expense all
weeds and vegetation on said premises, said work of cutting and removal to be done at
such times and with such frequency as to comply with Grantee and local laws and
regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes,
assessments or other charges (collectively, "Taxes") levied or assessed upon the
Improvements by any governmental or quasi-governmental body or any Taxes levied or
assessed against Grantor or the Premises that are attributable to the Improvements.
Grantee agrees to purchase, affix and cancel any and all documentary stamps in the
amount prescribed by statute, and to pay any and all required transfer taxes, excise
taxes and any and all fees incidental to recordation of the Memorandum of Easement.
In the event of Grantee's failure to do so, if Grantor shall become obligated to do so,
Grantee shall be liable for all costs, expenses and judgments to or against Grantor,
including all of Grantor's legal fees and expenses.
Section 7 Environmental.
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7.1 Compliance with Environmental Laws. Grantee shall strictly comply with
all federal, state and local environmental Laws in its use of the Premises, including, but
not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the
Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental
Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal"
facility, or "underground storage tank," as those terms are defined by Environmental
Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
release of "hazardous waste" or "hazardous substances", as "hazardous waste" and
"hazardous substances" may now or in the future be defined by any Environmental
Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to
Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous
substances on or from the Premises, violation of Environmental Laws, or inspection or
inquiry by governmental authorities charged with enforcing Environmental Laws with
respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly
respond to any release on or from the Premises. Grantee also shall give Grantor
immediate notice of all measures undertaken on behalf of Grantee to investigate,
remediate, respond to or otherwise cure such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from
Grantee or otherwise of a release or violation of Environmental Laws which occurred or
may occur during the term of this Easement Agreement, Grantor may require Grantee,
at Grantee's sole risk and expense, to take timely measures to investigate, remediate,
respond to or otherwise cure such release or violation affecting the Premises. If during
the construction or subsequent maintenance of the Improvements, soils or other
materials considered to be environmentally contaminated are exposed, Grantee will
remove and safely dispose of said contaminated soils. Determination of soils
contamination and applicable disposal procedures thereof, will be made only by an
agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing
any conditions or activities upon the Premises known to Grantee which create a risk of
harm to persons, property or the environment and shall take whatever action is
necessary to prevent injury to persons or property arising out of such conditions or
activities; provided, however, that Grantee's reporting to Grantor shall not relieve
Grantee of any obligation whatsoever imposed on it by this Easement Agreement.
Grantee shall promptly respond to Grantor's request for information regarding said
conditions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor
with proof satisfactory to Grantor that Grantee is in compliance with this Section 7.
Should Grantee not comply fully with the above-stated obligations of this Section 7,
notwithstanding anything contained in any other provision hereof, Grantor may, at its
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option, terminate this Easement Agreement by serving five (5) days' notice of
termination upon Grantee. Upon termination, Grantee shall remove the Improvements
and restore the Premises as provided in Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's
Contractors, fails to properly perform its obligations under this Easement Agreement,
Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed
obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work
as Grantor deems necessary for the safety of its rail operations, activities and property,
or to avoid or remove any interference with the activities or property of Grantor, or
anyone or anything present on the rail corridor or property with the authority or
permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work
performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's
failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the
liability allocation set forth in this Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement
Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should
abandon or cease to use the Premises for the Easement Purpose. Any waiver by
Grantor of any default or defaults shall not constitute a waiver of the right to terminate
this Easement Agreement for any subsequent default or defaults, nor shall any such
waiver in any way affect Grantor's ability to enforce any section of this Easement
Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will
release Grantee from any liability or obligation under this Easement, whether of
indemnity or otherwise, resulting from any acts, omissions or events happening prior to
the date of termination or expiration, or, if later, the date the Premises are restored as
required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be
in addition to, and not in limitation of, any other remedies that Grantor may have under
the OVERPASS Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this
Easement Agreement, whether by abandonment of the Easement or by the exercise of
Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense,
immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and
all appurtenances thereto from the Premises, as Grantor
directs at Grantor's sole discretion;
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(b) repair and restore any damage to the Premises arising from,
growing out of, or connected with Grantee's use of the
Premises;
(c) remedy any unsafe conditions on the Premises created or
aggravated by Grantee; and
(d) leave the Premises in the condition which existed as of the
Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated,
Grantor may direct Grantee to undertake one or more of the actions set forth above, at
Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the
Premises to the extent necessary to undertake the actions directed by Grantor. The
terms of this limited license include all of Grantee's obligations under this Easement
Agreement. Termination will not release Grantee from any liability or obligation under
this Easement Agreement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination, or, if later, the date when
Grantee's Improvements are removed and the Premises are restored to the condition
that existed as of the Effective Date. If Grantee fails to surrender the Premises to
Grantor upon any termination of the Easement, all liabilities and obligations of Grantee
hereunder shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens
arising out of any construction, alterations or repairs done, suffered or permitted to be
done by Grantee on the Premises or attributable to Taxes that are the responsibility of
Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or
take any other action upon or with respect to the Premises that is or may be permitted
by Law to prevent the attachment of any such liens to any portion of the Premises;
provided, however, that failure of Grantor to take any such action shall not relieve
Grantee of any obligation or liability under this Section 10 or any other section of this
Easement Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its
obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an
exchange intermediary, in order for Grantor to effect an exchange under Section 1031
of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a
Notice of Assignment, attached as Exhibit C, and Grantee shall execute an
acknowledgement of receipt of such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one
party to the other shall be delivered in the manner set forth in the OVERPASS
Agreement. Notices to Grantor under this Easement shall be delivered to the following
address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft.
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Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time
direct by notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement
Agreement shall not be in recordable form and shall not be placed on public record and
any such recording shall be a breach of this Easement Agreement. Grantor and
Grantee shall execute a Memorandum of Easement in the form attached hereto as
Exhibit "B-1" (the "Memorandum of Easement") subject to changes required, if any,
to conform such form to local recording requirements. [IF LEGAL DESCRIPTION IS
NOT AVAILABLE USE THE FOLLOWING IN PLACE OF THE PRIOR SENTENCE: As
of the Effective Date, a legal description of the Premises is not available. Grantee and
Grantor shall work together in good faith to establish the legal description for the
Premises. Once Grantor and Grantee have approved the legal description, Grantor and
Grantee shall execute a Memorandum of Easement in the form attached hereto as
Exhibit "B-1" (the "Memorandum of Easement").] The Memorandum of Easement
shall be recorded in the real estate records in the county where the Premises are
located. If a Memorandum of Easement is not executed by the parties and recorded as
described above within ____ days of the Effective Date, Grantor shall have the right to
terminate this Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of
this Easement Agreement shall be decided according to the substantive Laws of the
State of [Texas] without regard to conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants
and agreements of Grantee herein contained shall be the joint and several covenants
and agreements of such parties. This instrument and all of the terms, covenants and
provisions hereof shall inure to the benefit of and be binding upon each of the parties
hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the
terms of this Easement Agreement, the prevailing party or parties shall be entitled to
reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or
unenforceable under present or future Laws, such provision will be fully severable and
this Easement Agreement will be construed and enforced as if such illegal, invalid or
unenforceable provision is not a part hereof, and the remaining provisions hereof will
remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision
herein, there will be added automatically as a part of this Easement Agreement a
provision as similar in its terms to such illegal, invalid or unenforceable provision as may
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be possible and be legal, valid and enforceable.
14.5 This Easement Agreement is the full and complete agreement between
Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto
relating to Grantee's use of the Premises as described herein. However, nothing herein
is intended to terminate any surviving obligation of Grantee or Grantee's obligation to
defend and hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
14.7 The terms of the OVERPASS Agreement are incorporated herein as if
fully set forth in this instrument which terms shall be in full force and effect for purposes
of this Easement even if the OVERPASS Agreement is, for whatever reason, no longer
in effect.
ADMINISTRATIVE FEE
15. Grantee acknowledges that a material consideration for this agreement,
without which it would not be made, is the agreement between Grantee and Grantor,
that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's
Broker a processing fee in the amount of $2,000.00 over and above the agreed upon
Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a
separate check.
[Signature page follows]
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Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
GRANTEE:
_____________________________________
__,
a
_____________________________________
_
By:
Name:
Title:
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter
referred to as "Railway" where work is over or under on or adjacent to Railway property
and/or right-of-way, hereafter referred to as "Railway Property", during the construction of
the Lebanon Street crossing.
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the
Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor to provide
and maintain in full force and effect the insurance called for under Section 3 of said Exhibit
“C-1”. Questions regarding procurement of the Railroad Protective Liability Insurance
should be directed to Rosa Martinez at Marsh, USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to
interfere with the movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of
Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of
Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or
operations. Railway will have the right to stop construction work on the Project if any of the
following events take place: (i) Contractor (or any of its subcontractors) performs the Project
work in a manner contrary to the plans and specifications approved by Railway; (ii)
Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work
in a manner which is hazardous to Railway property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the
Temporary Construction License or the Easement. The work stoppage will continue until all
necessary actions are taken by Contractor or its subcontractor to rectify the situation to the
satisfaction of Railway’s Division Engineer or until additional insurance has been delivered
to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the
Temporary Construction License, or (iii) the Easement, Railway may immediately terminate
the Temporary Construction License or the Easement. Any such work stoppage under this
provision will not give rise to any liability on the part of Railway. Railway’s right to stop the
work is in addition to any other rights Railway may have including, but not limited to,
actions or suits for damages or lost profits. In the event that Railway desires to stop
construction work on the Project, Railway agrees to immediately notify the following
individual in writing:
Eric Scott, City of Arlington
238 N Olympic Ave
Arlington, WA 98223
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360-403-3421
escott@arlingtonwa.gov
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State
and Local Governmental laws and regulations, including, but not limited to environmental
laws and regulations (including but not limited to the Resource Conservation and Recovery
Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor
hereby indemnifies, defends and holds harmless Railway for, from and against all fines or
penalties imposed or assessed by Federal, State and Local Governmental Agencies against
the Railway which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify the City of Arlington at 360-403-3421 and Railway's
Manager Public Projects, telephone number 206-625-6413 at least thirty (30) calendar days
before commencing any work on Railway Property. Contractors notification to Railway,
must refer to Railroad's file # 092097B.
• 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations
located with any part of the excavations located within, whichever is greater, twenty-five
(25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2
horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest
track, both measured perpendicular to center line of track, the Contractor must furnish the
Railway five sets of working drawings showing details of construction affecting Railway
Property and tracks. The working drawing must include the proposed method of installation
and removal of falsework, shoring or cribbing, not included in the contract plans and two sets
of structural calculations of any falsework, shoring or cribbing. For all excavation and
shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must
be used for determining the design loading conditions to be used in shoring design, and all
calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines
for Temporary Shoring”. All submittal drawings and calculations must be stamped by a
registered professional engineer licensed to practice in the state the project is located. All
calculations must take into consideration railway surcharge loading and must be designed to
meet American Railway Engineering and Maintenance-of-Way Association (previously
known as American Railway Engineering Association) Coopers E-80 live loading standard.
All drawings and calculations must be stamped by a registered professional engineer licensed
to practice in the state the project is located. The Contractor must not begin work until
notified by the Railway that plans have been approved. The Contractor will be required to
use lifting devices such as, cranes and/or winches to place or to remove any falsework over
Railway's tracks. In no case will the Contractor be relieved of responsibility for results
obtained by the implementation of said approved plans.
• 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the
Contractor such that the work may be handled and performed in an efficient manner. The
Contractor will have no claim whatsoever for any type of damages or for extra or additional
compensation in the event his work is delayed by the Railway.
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1.02 Contractor Safety Orientation
• 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter
Railway Property without first having completed Railway’s Engineering Contractor
Safety Orientation, found on the web site www.contractororientation.com. The
Contractor must ensure that each of its employees, subcontractors, agents or invitees
completes Railway’s Engineering Contractor Safety Orientation through internet
sessions before any work is performed on the Project. Additionally, the Contractor
must ensure that each and every one of its employees, subcontractors, agents or
invitees possesses a card certifying completion of the Railway Contractor Safety
Orientation before entering Railway Property. The Contractor is responsible for the
cost of the Railway Contractor Safety Orientation. The Contractor must renew the
Railway Contractor Safety Orientation annually. Further clarification can be found on
the web site or from the Railway’s Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protective measures as are necessary to keep railway
facilities, including track ballast, free of sand, debris, and other foreign objects and materials
resulting from his operations. Any damage to railway facilities resulting from Contractor's
operations will be repaired or replaced by Railway and the cost of such repairs or
replacement must be paid for by the Agency.
• 1.03.02 The Contractor must notify the Railway's Division Engineer and provide blasting
plans to the Railway for review seven (7) calendar days prior to conducting any blasting
operations adjacent to or on Railway's Property.
• 1.03.03 The Contractor must abide by the following temporary clearances during
construction:
15’ Horizontally from centerline of nearest track
21’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
• 1.03.04 Upon completion of construction, the following clearances shall be maintained:
25’ Horizontally from centerline of nearest track
23’-3 ½” Vertically above top of rail
• 1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the City of Arlington and must not be
undertaken until approved in writing by the Railway, and until the City of Arlington has
obtained any necessary authorization from the State Regulatory Authority for the
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infringement. No extra compensation will be allowed in the event the Contractor's work is
delayed pending Railway approval, and/or the State Regulatory Authority's approval.
• 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the
option of installing tell-tales or other protective devices Railway deems necessary for
protection of Railway operations. The cost of tell-tales or protective devices will be borne by
the Agency.
• 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract
plans must be submitted to the Railway by the City of Arlington for approval before work is undertaken and this
work must not be undertaken until approved by the Railway.
• 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a
"Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials
across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for
use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the
completion of the project, removed at the expense of the Contractor.
• 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum,
constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately
notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in
excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or
transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state
analogue.
• 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from
the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought
upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's
representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and
implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project
Representative to develop an on track safety strategy as described in the guidelines listed in the on track
safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track
training for all employees of the Contractor, its subcontractors, agents or invitees. This training is
reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and
implement the Safety Action Plan, as provided for on the web site www.contractororientation.com,
which will be made available to Railway prior to commencement of any work on Railway Property. During
the performance of work, the Contractor must audit its work activities. The Contractor must designate an
on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a
copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site.
• Contractor shall have a background investigation performed on all of its employees,
subcontractors and agents who will be performing any services on railroad property under
this Agreement.
The background screening shall at a minimum meet the criteria defined by the e-
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RAILSAFE program outlined at http://www.e-railsafe.com in addition to any other
applicable regulatory requirements. The e-RAILSAFE program uses rail industry background
screening standards.
Contractor shall obtain consent from all employees screened in compliance with the e-
RAILSAFE program criteria to release completed background information to BNSF.
Contractor shall be subject to periodic audit to ensure compliance.
Contractor shall not permit any of its employees, subcontractors or agents to perform services
on property hereunder who are not approved under e-RAILSAFE program standards.
Railroad shall have the right to deny entry onto its premises to any of Contractor's
employees, subcontractors or agents who do not display the authorized identification badge
issued by a background screening service meeting the standards set forth for the e-
RAILSAFE program or who pose a threat, in Railroad's reasonable opinion, to the safety or
security of Railroad's operations.
Contractors shall ensure its employees, subcontractors and agents are United States citizens
or legally working in this country under a work VISA.
1.05 Railway Flagger Services:
• 1.05.01 The Contractor must give Railway’s Roadmaster (telephone 509-531-6305) a minimum of thirty (30)
calendar days advance notice when flagging services will be required so that the Roadmaster can make
appropriate arrangements (i.e., bulletin the flagger’s position). If flagging services are scheduled in advance by
the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary,
the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements
can be made to abolish the position pursuant to union requirements.
• 1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger will be required
and furnished when Contractor’s work activities are located over, under and/or within twenty-five (25) feet
measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned
beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic
occurrence, but not limited thereto for the following conditions:
• 1.05.02a When, upon inspection by Railway’s Representative, other conditions warrant.
• 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's
representative, track or other Railway facilities may be subject to movement or settlement.
• 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.
• 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities
either due to persons, material, equipment or blasting in the vicinity.
• 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects
or equipment which might result in making the track impassable.
• 1.05.03 Flagging services will be performed by qualified Railway flaggers.
• 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to
protect Railway Property and operations, if deemed necessary by the Railways Representative.
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• 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day.
• 1.05.03c The cost of flagger services provided by the Railway will be borne by the (Agency)
. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic
day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each
flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and
property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio,
equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway
labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may
increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE
ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.
• 1.05.03d The average train traffic on this route is 2 freight trains per 24-hour period at a timetable speed 25
MPH.
1.06 Contractor General Safety Requirements
• 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and
equipment can occur at any time and in any direction. All work performed by contractors within 25 feet
of any track must be in compliance with FRA Roadway Worker Protection Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be
conducted with all personnel involved with the task and repeated when the personnel or task changes. If
the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable,
and include the procedures the Contractor will use to protect its employees, subcontractors, agents or
invitees from moving any equipment adjacent to or across any Railway track(s).
• 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety
strategy approved by the Railway’s Project Representative. When authority is provided, every
contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2)
limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the
designated places of safety. Persons or equipment entering flag/work limits that were not previously job
briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of
the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property after normal
working hours or on weekends, the Railroad's representative in charge of the project must be notified. A
minimum of two employees must be present at all times.
• 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under
the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Property by that employee will be denied.
• 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come
in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be
reported immediately to the Railway representative in charge of the project and to the Railway's Resource
Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and must be posted at the job site.
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• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly
weapons in their possession while working on Railway's Property.
• 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and
ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site,
www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with
permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes,
above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad’s
representative in charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as
required by State and Federal regulations. (NOTE – Should there be a discrepancy between the information
contained on the web site and the information in this paragraph, the web site will govern.)
• 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY
TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT
WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY
CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW
OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE
RAILROAD'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or
equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to
the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and
secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed
specifications)
• 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water
drainage. Any work performed over water must meet all Federal, State and Local regulations.
• 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary
by proper authority. For all power lines the minimum clearance between the lines and any part of the
equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500
to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of
45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a
timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual
means.
1.07 Excavation
• 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires,
or cables, including fiber optic cable systems are present and located within the Project work area. The
Contractor must determine whether excavation on Railway’s Property could cause damage to buried cables
resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may
cause business interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF’s Field Engineering Representative (David Johnson 206-625-6189). All
underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the
company having ownership of the line. It is the Contractor's responsibility to notify any other companies
that have underground utilities in the area and arrange for the location of all underground utilities
before excavating.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation
in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and
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the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there
is any doubt about the location of underground cables or lines of any kind, no work must be performed until the
exact location has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of
depth, must be shored where there is any danger to tracks, structures or personnel.
• 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or
protected when not being worked on. When leaving work site areas at night and over weekends, the areas must
be secured and left in a condition that will ensure that Railway employees and other personnel who may be
working or passing through the area are protected from all hazards. All excavations must be back filled as soon
as possible.
1.08 Hazardous Waste, Substances and Material Reporting
• 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's
Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this
Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800)
832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents
and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate
measure to minimize the impact of such release.
1.09 Personal Injury Reporting
• 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad
Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor,
subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone
mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at
1(817) 352-7595 and to the Railway’s Project Representative no later than the close of shift on the date of the
injury.
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4. Weather
(if non-Railway location)
5. Social Security #
6. Name (last, first, mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b) Body Part:
(i.e. (a) Laceration (b) Hand)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
? First Aid Only
? Required Medical Treatment
? Other Medical Treatment
13. Dr. Name 30. Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILWAY AT (817) 352-7595
AND COPY TO
RAILWAY ROADMASTER FAX
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EXHIBIT "C-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railway File: 092097B
Agency Project: _______________________________
Gentlemen:
The undersigned (hereinafter called, the “Contractor”), has entered into a contract (the
“Contract”) dated ______________, 20__, with for the performance of certain work in
connection with the following project: City of Arlington Lebanon Street crossing. Performance
of such work will necessarily require contractor to enter BNSF RAILWAY COMPANY
("Railway") right of way and property ("Railway Property"). The Contract provides that no
work will be commenced within Railway Property until the Contractor employed in connection
with said work for the City of Arlington (i) executes and delivers to Railway an Agreement in
the form hereof, and (ii) provides insurance of the coverage and limits specified in such
Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner,
General Partner, President or Vice President of Contractor, Contractor must furnish evidence to
Railway certifying that the signatory is empowered to execute this Agreement on behalf of
Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date of the
Contract, has agreed and does hereby agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all
judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death
to all persons, including Railway's and Contractor's officers and employees, and for loss and
damage to property belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or about Railway’s
property or right-of-way. This obligation shall not include such claims, costs, damages, or
expenses which may be caused by the sole negligence of Railway or its contractors, agents
or employees; Provided, that if the claims or damages are caused by or result from the
concurrent negligence or other acts or omissions of (a) Railway, its contractors, agents or
employees and (b) Contractor, its subcontractors, agents or employees, this provision shall
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be valid and enforceable only to the extent of the negligence of the Contractor, its
subcontractors, agents or employees.
It is mutually negotiated between the parties that the indemnification obligation
shall include all claims brought by Contractor’s employees against Railway, its agents,
servants, employees or otherwise, and Contractor expressly waives its immunity under the
industrial insurance act (RCW Title 51) and assumes potential liability for all actions
brought by its employees.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY
UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR
STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE
LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway, that it
will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear
and defend any suits or actions of law or in equity brought against Railway on any claim or cause
of action arising or growing out of or in any manner connected with any liability assumed by
Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway
will give notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the
event of a suit being brought against Railway, Railway may forward summons and complaint or
other process in connection therewith to Contractor, and Contractor, at Railway's discretion,
must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from
and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of
or resulting from or incident to any such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any portion
of this Article shall be deemed to be inapplicable for any reason, including without limitation as
a result of a decision of an applicable court, legislative enactment or regulatory order, the parties
agree that this Article shall be interpreted as requiring Contractor to indemnify Railroad to the
fullest extent permitted by applicable law.
It is mutually understood and agreed that the assumption of liabilities and indemnification
provided for in this Agreement survive any termination of this Agreement.
Section 2. TERM
This Agreement is effective from the date of the Contract until (i) the completion of the
project set forth herein, and (ii) full and complete payment to Railway of any and all sums or
other amounts owing and due hereunder.
Section 3. INSURANCE
Contractor must, at its sole cost and expense, procure and maintain during the life of this
Agreement the
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following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $2,000,000 each
occurrence and an aggregate limit of at least $4,000,000 but in no event less than the
amount otherwise carried by the contractor. Coverage must be purchased on a post
1998 ISO occurrence form or equivalent and include coverage for, but not limit to the
following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy must also contain the following endorsements, which must be indicated on
the certificate of insurance:
♦ The definition of insured contract must be amended to remove any exclusion
or other limitation for any work being done within 50 feet of railroad property.
♦ Waver of subrogation in favor of and acceptable to Railroad.
♦ Additional insured endorsement in favor of and acceptable to Railroad.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railroad.
It is agreed that any workers’ compensation exclusion does not apply to Railroad
payments related to the Federal Employers Liability Act or a Railroad Wage
Continuation Program or similar programs and any payments made are deemed not to be
either payments made or obligations assumed under any Workers Compensation,
disability benefits, or unemployment compensation law or similar law.
No other endorsements limiting coverage as respects obligations under this Agreement may be
included on the policy with regard to the work being performed under this agreement.
B. Business Automobile Insurance. This insurance must contain a combined single limit of at least
$1,000,000 per occurrence, and include coverage for, but not limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railroad.
♦ Additional insured endorsement in favor or and acceptable to Railroad.
♦ Separation of insureds.
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♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railroad.
C. Workers Compensation and Employers Liability insurance including coverage for,
but not limited to:
♦ Contractor’s statutory liability under the worker’s compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
♦ Employers’ Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railroad.
D. Railroad Protective Liability insurance naming only the Railroad as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The
policy Must be issued on a standard ISO form CG 00 35 10 93 and include the
following:
♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31
10 93)
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Railroad prior to performing any
work or services under this Agreement
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor’s
Blanket Railroad Protective Liability Insurance Policy available to contractor.
Other Requirements:
All policies (applying to coverage listed above) must not contain an exclusion for punitive
damages and certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits
against Railroad. In addition, its insurers, through the terms of the policy or policy endorsement,
waive their right of subrogation against Railroad for all claims and suits. The certificate of
insurance must reflect the waiver of subrogation endorsement. Contractor further waives its
right of recovery, and its insurers also waive their right of subrogation against Railroad for loss
of its owned or leased property or property under contractor’s care, custody or control.
Contractor is not allowed to self-insure without the prior written consent of Railroad. If
granted by Railroad, any deductible, self-insured retention or other financial responsibility for
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claims must be covered directly by contractor in lieu of insurance. Any and all Railroad
liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered
by contractor’s insurance will be covered as if contractor elected not to include a deductible, self-
insured retention or other financial responsibility for claims.
Prior to commencing the Work, contractor must furnish to Railroad an acceptable
certificate(s) of insurance including an original signature of the authorized representative
evidencing the required coverage, endorsements, and amendments and referencing the contract
audit/folder number if available. The policy(ies) must contain a provision that obligates the
insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days
prior to any cancellation, non-renewal, substitution or material alteration. This cancellation
provision must be indicated on the certificate of insurance. Upon request from Railroad, a
certified duplicate original of any required policy must be furnished. Contractor should send the
certificate(s) to the following address:
Megan McIntyre
BNSF Railway Company, Manager Public Projects
Megan.mcintyre@bnsf.com
Any insurance policy must be written by a reputable insurance company acceptable to
Railroad or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to
do business in the state(s) in which the service is to be provide.
Contractor represents that this Agreement has been thoroughly reviewed by contractor’s
insurance agent(s)/broker(s), who have been instructed by contractor to procure the insurance
coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy
limits for coverages referenced above. Not more frequently than once every five years, Railroad
may reasonably modify the required insurance coverage to reflect then-current risk management
practices in the railroad industry and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by contractor, contractor must
require that the subcontractor provide and maintain the insurance coverages set forth herein,
naming Railroad as an additional insured, and requiring that the subcontractor release, defend
and indemnify Railroad to the same extent and under the same terms and conditions as
contractor is required to release, defend and indemnify Railroad herein.
Failure to provide evidence as required by this section will entitle, but not require,
Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not
comply with this section will not operate as a waiver of contractor's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
contractor will not be deemed to release or diminish the liability of contractor including, without
limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by
Railroad will not be limited by the amount of the required insurance coverage.
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For purposes of this section, Railroad means “Burlington Northern Santa Fe
Corporation”, “BNSF RAILWAY COMPANY” and the subsidiaries, successors, assigns and
affiliates of each.
Section 4. EXHIBIT “C” CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements
and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit
“C” attached to the Contract and this Agreement, , including, but not be limited to, payment of
all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto,
resulting from use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site.
Section 5. TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against all damages
arising from any unscheduled delay to a freight or passenger train which affects Railway's ability
to fully utilize its equipment and to meet customer service and contract obligations. Contractor
will be billed, as further provided below, for the economic losses arising from loss of use of
equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from
train delays, whether caused by Contractor, or subcontractors, or by the Railway performing
work under this Agreement. Railway agrees that it will not perform any act to unnecessarily
cause train delay.
For loss of use of equipment, Contractor will be billed the current freight train hour rate
per train as determined from Railway's records. Any disruption to train traffic may cause delays
to multiple trains at the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other
grain, intermodal, coal and freight trains operate under incentive/penalty contracts between
Railway and its customer(s). Under these arrangements, if Railway does not meet its contract
service commitments, Railway may suffer loss of performance or incentive pay and/or be subject
to penalty payments. Contractor is responsible for any train performance and incentive penalties
or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary and
confidential. In the event of a train delay covered by this Agreement, Railway will share information
relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for
train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE
ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT.
Contractor and its subcontractors must give Railway’s representative six weeks
advance notice of the times and dates for proposed work windows. Railway and
Contractor will establish mutually agreeable work windows for the project. Railway has
the right at any time to revise or change the work windows due to train operations or
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service obligations. Railway will not be responsible for any additional costs or expenses
resulting from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor’s expenses for the project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the Railway two original
copies of this letter, which, upon execution by Railway, will constitute an Agreement between
us.
____________________________________
Contractor BNSF Railway Company
By: _________________________________ By: _________________________________
Printed Name: ________________________ Name: ______________________________
Manager Public Projects
Title: _______________________________
Accepted and effective this ___ day of 20__.
Contact Person: _______________________
Address: ____________________________
City:________________________________
State: __________ Zip: _________________
Fax: ________________________________
Phone: ______________________________
E-mail:______________________________
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
J
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
2012 AC Watermain Replacement Authority to Bid
ATTACHMENTS:
Watermain Replacement Exhibits
DEPARTMENT OF ORIGIN
Public Works – Eric Scott
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Water
LEGAL REVIEW:
DESCRIPTION:
Staff is requesting Council grant authority to bid the project.
HISTORY:
The City has many areas of aging watermain that are in need of replacement. The
highest priority areas for replacement are pipes constructed with asbestos concrete
material, due to the high failure rate of this material. Staff evaluated the current water
infrastructure and determined watermains on the West side of the airport and
Broadway Avenue are the highest priority for 2012. Estimated construction cost is
$360,000. This amount is budgeted in the 2012 Water Improvement budget.
ALTERNATIVES
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
I move to grant City staff the authority to bid the 2012 Watermain Replacement Project,
subject to review by the City Attorney.
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City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
K
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
2012 Arlington Airport Water Main Extension Project
ATTACHMENTS:
Memo from Dale Carman, Airport Supervisor
Project Drawing
DEPARTMENT OF ORIGIN
Airport
EXPENDITURES REQUESTED: $80,119.65
BUDGET CATEGORY: Airport Reserves
LEGAL REVIEW:
DESCRIPTION:
The project involves the installation of approximately 1,209 lineal feet of 8” diameter
ductile iron pipe with related appurtenances and connections; one 1” water meter; and
one fire hydrant. The project cost estimate was approximately $127,000. The new
water line will run from building 44 (occupied by the Food Bank and Arlington Flight
Services) north to the old Bayliner ramp area. The water line will run just to the east
and parallel to Taxiway A (see attached project drawing). The airport contacted all
companies on the City’s small works roster who do water/sewer construction work, to
bid on the project. Ten companies provided bids on the project. DG Buchanan
Construction, Inc. came in as the low bidder with a bid of $80,119.65.
HISTORY:
The 2012 Water Main Extension Project will complete a water line loop that staff has
been working on for a number of years. Staff has installed sections of the water line as
certain taxilanes have been reconstructed along the route but until now has not had
funds to complete the entire water line. Arlington Flight Service’s proposal to build a
new apron in front of building 44 has resulted in staff moving up the schedule of the
water line project. The new water line goes right through the area to be paved by
Arlington Flight Services so if staff was to delay installing the water line we would
have to cut into the new pavement in the future to put the water line in. Right now the
area is just grass. This project was not budgeted for in 2012, but Staff discussed with
the Airport Commission and City Council in April the possibility of paying for the
project with airport reserve funds. Staff was given the okay to move forward with
obtaining bids. The Airport Commission approved the contract at their May 8, 2012
meeting.
ALTERNATIVES
Approve Airport Commission’s Recommendation with Modifications
Table Airport Commission’s Recommendation
Deny Airport Commission’s Recommendation
RECOMMENDED MOTION:
I move to approve the contract for the 2012 Arlington Airport Water Main Extension
Project with DG Buchanan Construction, Inc. in the amount of $80,119.65.
MEMO
City of Arlington
Airport
To: City Council
From: Dale Carman, Airport Supervisor
Date: May 9, 2012
Subject: 2012 Arlington Airport Water Main Extension Project
ISSUE:
The project involves the installation of approximately 1,209 lineal feet of 8” diameter
ductile iron pipe with related appurtenances and connections; one 1” water meter; and
one fire hydrant. The project cost estimate was approximately $127,000.
DISCUSSION & ANALYSIS:
Staff solicited bids off of the City’s small works roster and 10 companies provided bids.
The ten bids received are shown below. All amounts shown include sales tax.
Contractor Bid Amount
DG Buchanan Construction, Inc. $80,119.65
Reece Trucking & Excavating $80,966.56
E&D Excavating $81,528.14
Taylors Excavators $89,290.92
LX Construction LLC $89,500.00
NE Excavating $91,006.80
Westcoast Excavating $97,196.92
Carmans Construction $98,557.76
Ramo Construction $100,686.32
Award Construction $112,933.14
DG Buchanan came in as the low bidder. While DG Buchanan has never done work for
the airport, city staff has experience working with them and has stated that the
contractor is qualified to do the work. Staff contacted references for the contractor and
the references were complimentary of their work.
MEMO
City of Arlington
Airport
ALTERNATIVES:
Approve Airport Commission’s Recommendation with Modifications
Table Airport Commission’s Recommendation
Deny Airport Commission’s Recommendation
RECOMMENDATION:
The Airport Commission moves to approve a contract for the 2012 Arlington Airport
Water Main Extension Project with DG Buchanan Construction, Inc. in the amount of
$80,119.65.
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
L
COUNCIL MEETING DATE:
May 21, 2012
SUBJECT:
Interfund Loans
ATTACHMENTS:
Detail of Interfund Loans
DEPARTMENT OF ORIGIN
Finance Department
EXPENDITURES REQUESTED:
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
At the end of April, the General Fund received sufficient Property Tax revenues to completely
pay-off the interfund Loan from the Growth Fund. The Emergency Medical Services Fund and
the Equipment Rental Maint. & Operations Funds however needed additional loans to prevent
a negative month-end cash balance. In accordance with Ordinance 2012-005, allowing the
Finance Director to make such interfund loans and report the status of such loans to the City
Council each month, the attached document (Exhibit 1) describes the loan activity in April.
HISTORY:
Previous to the Interfund Loan Program, various Funds of the City were allowed to have a
negative cash balance at the end of a month.
ALTERNATIVES
Do not make interfund loans and allow funds to remain in a negative fund balance at month-
end.
RECOMMENDED MOTION:
I move to approve the Short Term Interfund Loans made at the end of April, 2012, as presented
by the Finance Director and direct those loans be paid as soon as there are sufficient fund to do
so.
2012 Interfund Loans Exhibit 1
Interest to be repaid at the Local Government Investment Pool monthly rate.
FROM:
Growth Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
General Fund 2/29/2012 92,700.00$ -$ -$ 92,700.00$
3/31/2012 32,284.00 10.56$ - - 124,994.56
4/30/2012 - 14.45$ 25.01 124,984.00 -
- - - -
124,984.00
Cause: Expect Property Tax Revenues in May to repay the loan
FROM:
Growth Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
Emergency Medical Services Fund 2/29/2012 65,500.00$ -$ -$ 65,500.00$
3/31/2012 124,084.00 7.46$ - - 189,591.46
4/30/2012 26,672.00 23.37$ - - 216,286.83
- - - -
216,256.00
Cause: Expect Property Tax Revenues in May to repay the loan
FROM:
Equip Rental Replacement Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
Equipment Rental M & O Fund 2/29/2012 14,000.00$ -$ -$ 14,000.00$
3/31/2012 6,662.00 1.59$ - - 20,663.59
4/30/2012 13,626.00 2.55$ - - 34,292.14
- - - -
34,288.00
Cause: Annual Insurance bill paid in January and large Fire Truck repair bill paid in Feb.
Local Gov. Investment Pool Rate
1/31/2012 0.1213%
2/29/2012 0.1394%
3/31/2012 0.1367%
4/30/2012 0.1479%
5/31/2012